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BINKLEY v. STATE

407 S.W.2d 169 (1966)

William Earl BINKLEY and Lewis Raymond Prior, Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

October 3, 1966.

Attorney(s) appearing for the Case

Charles Galbreath, Nashville, for plaintiffs in error.

George F. McCanless, Atty. Gen., Edgar P. Calhoun, Asst. Atty. Gen., and Howard F. Butler, Asst. Dist. Atty. Gen., Nashville, prosecuted case for State in trial court, for defendant in error.

OPINION

DYER, Justice.

William Earl Binkley, Lewis Raymond Prior and Eugene Kestner were indicted for the crime of burglary in the third degree and, upon proper charge of the court, convicted of attempt to commit the felony of burglary in the third degree. The appeal here is by the defendants Binkley and Prior. Defendant Kestner did not appeal. The assignments of error are summarized as follows:

1. The evidence preponderates against the verdict...

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