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McDONALD v. STATE

358 S.W.2d 298 (1962)

Hayes McDONALD v. STATE of Tennessee.

Supreme Court of Tennessee.

June 5, 1962.

Attorney(s) appearing for the Case

Hal M. Clements, Jr., Knoxville, for plaintiff in error.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., Nashville, for defendant in error.

PREWITT, Justice.

The defendant below, Hayes McDonald, was convicted for possessing burglary tools and sentenced to serve eleven months and twenty-nine days in the Knox County Workhouse.

The indictment was based upon Section 39-908 T.C.A. as follows:

"Any person who carries concealed about the person any false or skeleton keys, jimmies, or any article of the kind intended for effecting secret entrance into houses, for the purpose of committing theft...

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