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ENGLAND v. STATE

264 S.W.2d 815 (1953)

ENGLAND et al. v. STATE.

Supreme Court of Tennessee.

On Petition to Rehear February 11, 1954.

Attorney(s) appearing for the Case

Harry J. Joyce, Sunbright, for plaintiffs in error.

Nat Tipton, Asst. Atty. Gen., for the State.

BURNETT, Justice.

Gleason England, Bill Davis and Charlie Davis were indicted, tried and convicted for felonious assault. The minutes of the court show that the conviction was for assault with intent to commit murder in the second degree with the punishment fixed at not more than three years confinement in the State Prison. The bill of exceptions recites that the conviction was for assault with intent to commit voluntary manslaughter. The punishment in either offense...

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