STATE v. WINSETT


399 S.W.2d 741 (1965)

STATE of Tennessee ex rel. Donald Stewart ANDERSON and Estle Lee Johnson v. John D. WINSETT, Warden, etc.

Supreme Court of Tennessee.

June 2, 1965.


Attorney(s) appearing for the Case

Charles Hyatt Brown, Knoxville, for plaintiffs in error.

George F. McCanless, Atty. Gen., and Edgar P. Calhoun, Asst. Atty. Gen., Nashville, for the Warden.


BURNETT, Chief Justice.

The plaintiffs in error, as petitioners, filed a petition for the writ of habeas corpus, alleging that they were convicted in the Criminal Court of Anderson County for the crime of armed robbery, or robbery while armed, and sentenced to serve fifteen (15) years in the State penitentiary. In essence the ground alleged in the petition is that there is no such offense as armed robbery, because the Legislature...

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