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CLARKE v. STATE

402 S.W.2d 863 (1966)

John Randolph CLARKE, Plaintiff in Error, Defendant, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

Rehearing Denied May 23, 1966.

Attorney(s) appearing for the Case

Charles Galbreath, Nashville, James P. Diamond, Carmack Murchison, Jackson, and John Goodin, Johnson City, for plaintiff in error.

George F. McCanless, Atty. Gen., and Edgar P. Calhoun, Asst. Atty. Gen., for defendant in error.

DYER, Justice.

John Randolph Clarke, hereafter referred to as defendant, appeals from a conviction of murder in the first degree for which he has been sentenced to serve thirty years in the State Penitentiary. This crime was committed in Davidson County and, by proper change of venue, the trial was held in Madison County.

Mrs. Eva Jo Herring, a widow employed as a registered nurse, lived with her eighteen year old daughter, Paula Herring, and her six year...

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