STATE v. McCANDLESS


343 S.W.2d 907 (1961)

STATE of Tennessee, Plaintiff in Error, v. Alvin McCANDLESS, Defendant in Error.

Supreme Court of Tennessee.

March 10, 1961.


Attorney(s) appearing for the Case

Thomas E. Fox, Asst. Atty. Gen., for plaintiff in error.

Arthur P. Nesbit, MacFarland & Colley, Columbia, for defendant in error.


SWEPSTON, Justice.

After the defendant was put upon trial, and plead not guilty to a charge of unlawfully receiving and possessing intoxicating liquors, and a jury had been empanelled and sworn, a motion was made in behalf of defendant that the whisky referred to in the indictment be brought into court and exhibited. Said motion was by the court granted but the Attorney General for the County excepted and announced that he was unable to produce said whisky because...

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