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STATE v. CUPP

384 S.W.2d 34 (1964)

STATE of Tennessee v. Willard E. CUPP and Jerry R. Petree.

Supreme Court of Tennessee.

November 12, 1964.

Attorney(s) appearing for the Case

William C. Morrell, Francis A. Cain, Knoxville, for Willard E. Cupp and Jerry R. Petree.

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

ROBERT S. CLEMENT, Special Justice.

The Plaintiffs in error, hereinafter referred to as the Defendants or by name, were convicted of burglary in the third degree and grand larceny, and each sentenced to serve three years in the State Penitentiary. Both assign errors questioning the sufficiency of the evidence. Defendant Cupp relies on an additional assignment wherein he insists that the Court should have granted him a continuance because of the absence of a material...

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