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VAN ZANDT v. STATE

402 S.W.2d 130 (1966)

Davis VAN ZANDT, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error (two cases).

Supreme Court of Tennessee.

Rehearing Denied April 22, 1966.

Attorney(s) appearing for the Case

Joseph J. Levitt, Jr., Knoxville, Broughton & Broughton, Knoxville, of counsel, for plaintiff in error.

George F. McCanless, Atty. Gen., and William H. Lassiter, Jr., Asst. Atty. Gen., Nashville, for defendant in error.

WHITE, Justice.

Upon presentation of the assignments of error and argument in support thereof at the bar of the Court, counsel for Van Zandt stated that these two cases could be disposed of in one opinion, which we now proceed to do.

In each case the plaintiff in error was indicted on January 22, 1965, in a three-count indictment, charging burglary, larceny, and receiving and concealing a coin telephone. In Case No. 55, the coin telephone was allegedly taken...

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