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STATE v. AVERY

387 S.W.2d 346 (1964)

STATE of Tennessee ex rel. J.C. LEACH v. Harry AVERY, Commissioner, Department of Corrections, et al.

Supreme Court of Tennessee.

Rehearing Denied March 4, 1965.

Attorney(s) appearing for the Case

Rogers Kivett, Tazewell, for State of Tennessee, ex rel. J.C. Leach.

George F. McCanless, Atty. Gen., William H. Lassiter, Jr., Asst. Atty. Gen., Nashville, for Harry Avery et al.

DYER, Justice.

This is an appeal from the decree of the Chancery Court of Claiborne County dismissing, upon demurrer, the petition for writ of habeas corpus filed by relator, J.C. Leach against Harry Avery, Commissioner of Corrections for the State of Tennessee and the Warden of Brushy Mountain State Prison located at Petros, Tennessee. Relator is being held in Brushy Mountain under a sentence of one to five years imposed by the Criminal Court of Claiborne County...

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