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FLIPPEN v. STATE

365 S.W.2d 895 (1963)

Victor FLIPPEN and Fred Smalling v. STATE of Tennessee.

Supreme Court of Tennessee.

Rehearing Denied March 20, 1963.

Attorney(s) appearing for the Case

J.C. McMurtry, Gallatin, for plaintiffs in error.

George F. McCanless, Atty. Gen., Walker T. Tipton, Asst. Attorney General, Nashville, for the State.

BURNETT, Justice.

The plaintiffs in error were indicted for murder of a little boy who was drowned as a result of an automobile in which he was riding begin struck by an automobile being driven by Smalling. The little boy was thrown into a lake where he died. These parties were convicted of involuntary manslaughter. Smalling was sentenced to serve five (5) years in the State penitentiary, and Flippen was sentenced to serve eleven (11) months and twenty-nine (29) days...

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