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SMITH v. STATE

338 S.W.2d 610 (1960)

Franklin D. SMITH, Plaintiff in Error, v. STATE, Defendant in Error.

Supreme Court of Tennessee.

September 9, 1960.

Attorney(s) appearing for the Case

Sidney Davis, Walter E. Fischer, Clinton, for plaintiff in error.

Thomas E. Fox, Asst. Atty. Gen., for the State.

SWEPSTON, Justice.

Plaintiff in error Franklin D. Smith, hereinafter called defendant, was convicted of murder in the first degree without mitigating circumstances and sentenced to death by electrocution. His accomplice, George Baker, was found guilty of murder in the first degree and sentenced to serve 50 years in the State Penitentiary. Baker has not appealed.

There are 15 assignments of error, the first one of which relates to the evidence, it being alleged...

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