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McELHANEY v. STATE

420 S.W.2d 643 (1967)

Robert McELHANEY, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

November 3, 1967.

Attorney(s) appearing for the Case

H. J. Garrett and J. Stanley Rogers, Manchester, Garrett, Shields & Rogers, Manchester, of counsel, for plaintiff in error.

George F. McCanless, Atty. Gen., and Thomas E. Fox, Asst. Atty. Gen., Nashville, for defendant in error. Fred Gilliam, Dist. Atty. Gen., Manchester, prosecuted the case for the State in the trial court.

OPINION

CRESON, Justice.

On September 9, 1966, the plaintiff in error, hereinafter referred to as defendant, was convicted of murder in the second degree and sentenced to serve not more than ten years in the State Penitentiary. The homicide resulted from a two-car automobile accident. Evidence was presented that the defendant, the driver of one of the cars, was under the influence of alcohol to an advanced degree.

A motion for new trial was filed...

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