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RUSSELL v. STATE

401 S.W.2d 586 (1965)

Lake RUSSELL, Warden, Brushy Mountain State Penitentiary, v. STATE of Tennessee ex rel. William Thomas ARTHUR.

Supreme Court of Tennessee.

November 3, 1965.

Attorney(s) appearing for the Case

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

Andrew J. Evans, Jr., Knoxville, Creekmore, Thomson & Evans, Knoxville, and Charles W. Martin, Oneida, of counsel, for Arthur.

BURNETT, Chief Justice.

The defendant in error, Arthur, filed a petition for the writ of habeas corpus in the Criminal Court of Morgan County, Tennessee, on November 23, 1964. This petition was duly answered by the Warden and came on to be heard on March 26, 1965, wherein the trial judge held that Arthur had been denied his right of appeal and thus ordered Arthur remanded to the custody of the Sheriff of Hamilton County to await a new trial on the charge contained...

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