FOX v. STATE


383 S.W.2d 25 (1964)

Phillip Donald FOX and Billy Ferrell Thomerson v. STATE of Tennessee.

Supreme Court of Tennessee.

Rehearing Denied October 9, 1964.


Attorney(s) appearing for the Case

William C. Wilson, Nashville, for plaintiffs in error.

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


DYER, Justice.

The defendants, Phillip Donald Fox and Billy Ferrell Thomerson, appeal from a conviction of burglary in the third degree having received sentences of three years in the penitentiary.

This conviction is for burglarizing a coin-operated public telephone booth by picking the locks on the money receptacles. The booths are owned and used by the Southern Bell Telephone Company. Prior to 29 January 1963 David Hinman, an agent of the telephone company...

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