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KEITH v. STATE

403 S.W.2d 758 (1966)

Paul KEITH, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

April 22, 1966.

Attorney(s) appearing for the Case

Lance B. Bracy and W. P. Bryant, Jr., Springfield, for plaintiff in error.

George F. McCanless, Atty. Gen., and Robert F. Hedgepath, Asst. Atty. Gen., Nashville, and James M. Potter, Dist. Atty. Gen., Springfield, prosecuted the case in the trial court, for defendant in error.

OPINION

WHITE, Justice.

Paul Keith was indicted March 26, 1964, for the first degree murder, on January 11, 1964, of James Osborne. On the first trial of the case, on June 23, 1964, the jury was unable to agree and the court declared a mistrial. The case was tried again on April 6, 1965, and the jury found the defendant guilty of murder in the second degree, and fixed his punishment at ten years imprisonment. Upon his motion for a new trial being overruled...

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