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MILLER v. STATE

332 S.W.2d 179 (1960)

H.L. MILLER v. STATE of Tennessee.

Supreme Court of Tennessee.

February 5, 1960.

Attorney(s) appearing for the Case

Walker Casey, Nashville, for plaintiff in error.

William D. Grugett, Assistant Attorney General, for the State.

TOMLINSON, Justice.

Miller's appeal in error is from a conviction of violating Section 64-1140, T.C.A., providing that:

"Any contractor * * * with intent to defraud, shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor performed on, or materials furnished by his order for, this specific improvement, while any amount for which he may be or become liable for such labor or...

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