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STATE v. SMITH

273 S.W.2d 143 (1954)

STATE of Tennessee v. W.M. SMITH et al.

Supreme Court of Tennessee.

November 16, 1954.

Attorney(s) appearing for the Case

Herbert G.B. King, Chattanooga, for defendants.

Knox Bigham, Asst. Atty. Gen., for the State.

BURNETT, Justice.

This appeal is by the State from the action of the trial judge in sustaining a demurrer to an indictment charging conspiracy. The indictment is bottomed on Code Section 11064, which reads as follows:

"The crime of conspiracy may be committed by any two or more persons conspiring: (1) To commit any indictable offense; (2) falsely and maliciously to indict another for such offense; (3) to procure another to be charged with, or arrested for...

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