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NICHOLAS v. STATE

364 S.W.2d 895 (1963)

Gilbert NICHOLAS v. STATE of Tennessee.

Supreme Court of Tennessee.

February 7, 1963.

Attorney(s) appearing for the Case

Robert H. Roberts, Byrdstown, J. A. Oakley, Livingston, for plaintiff in error.

George F. McCanless, Atty. Gen., Lyle Reid, Asst. Atty. Gen., Nashville, for the State.

DYER, Justice.

Gilbert Nicholas appeals from a conviction of murder in the second degree his punishment having been fixed at not more than fifteen years in the State Penitentiary.

Nicholas went to trial under an indictment charging him with murder in the first degree. The verdict of the jury as shown on the minute entry in the record before us is as follows:

"* * * they (the jury) find the defendant, Gilbert Nicholas guilty as charged."

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