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TOOMBS v. STATE

270 S.W.2d 649 (1954)

Paul E. TOOMBS and Frank Houchin v. STATE of Tennessee.

Supreme Court of Tennessee.

Rehearing Granted September 6, 1954.

Attorney(s) appearing for the Case

Clarence M. Beaty, Jr., and James W. Rutherford, Nashville, for plaintiff in error.

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

TOMLINSON, Justice.

Ray Hill was a member of the jury which convicted Toombs and Houchin of feloniously receiving and concealing, etc. valuable personal property from one C.P. Hartman, the prosecutor. This juror is a first cousin of the prosecutor's wife. The families exchange visits. It was not until after the verdict of guilty had been returned that Toombs and Houchin and their attorneys became aware of the fact that juror Hill was a first cousin to prosecutor Hartman...

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