JAMES v. STATE


385 S.W.2d 86 (1964)

Tony Anthony JAMES, alias, and Dallas L. Stooksbury, Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

Rehearing Denied December 11, 1964.


Attorney(s) appearing for the Case

Earl E. Leming, Knoxville, for plaintiffs in error.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., for defendant in error.


WHITE, Justice.

The plaintiffs in error were indicted, tried and convicted upon an indictment containing two counts; count one being a charge of assault and simple robbery, and count two being a charge of assault with a deadly weapon and robbery.

The jury found "each defendant not guilty as to robbery and larceny from the person and find each guilty of assault and battery." The plaintiffs in error, defendants below, filed a motion for a new trial in which...

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