SMITH v. STATE


370 S.W.2d 543 (1963)

Lawrence Alton SMITH v. STATE of Tennessee.

Supreme Court of Tennessee.

September 11, 1963.


Attorney(s) appearing for the Case

A. B. McNabb, Vester Neal Agee, Lebanon, for plaintiff in error.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., Nashville, for the State.


FELTS, Justice.

The plaintiff in error, Lawrence Alton Smith, hereinafter called defendant, was indicted for murder in the first degree of E.L. Martin, the office and business manager for Castle Heights Military Academy in Lebanon, Tennessee.

Upon trial, the jury found defendant guilty of murder in the second degree and he was sentenced to serve ten years in the State Penitentiary (T.C.A. § 39-2403). Defendant has appealed in error and insists, among...

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