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STATE v. JOHNSON

404 S.W.2d 244 (1966)

STATE of Tennessee ex rel. Billy Raymond AUSTIN v. Wilburn JOHNSON, Warden Tennessee State Penitentiary.

Supreme Court of Tennessee.

June 3, 1966.

Attorney(s) appearing for the Case

Franklin Murchison, Jackson, for plaintiff in error.

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

OPINION

BURNETT, Chief Justice.

This appeal results from the denial of a petition for habeas corpus on behalf of Austin.

In September, 1964, the grand jury returned two indictments against Austin. In each indictment he was charged with burglary in the third degree, larceny and receiving and concealing stolen property.

The case came on for trial in October, 1964, and Austin plead guilty to petit larceny as included in the second count of each...

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