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COLLINS v. STATE

413 S.W.2d 683 (1967)

Albert COLLINS, Ralph Bayless, Ralph Atkins, and Wendell Loveday v. STATE of Tennessee

Supreme Court of Tennessee.

March 10, 1967.

Attorney(s) appearing for the Case

Fred J. Moses, Jr., Knoxville, for Albert Collins.

Roger Smith, Newport, for Ralph Bayless and Ralph Atkins.

Fred L. Myers, Newport, for Wendell Loveday.

George F. McCanless, Atty. Gen., and Thomas E. Fox, Asst. Atty. Gen., Nashville, H. F. Swann, Dist. Atty. Gen., Dandridge, and J. Kenneth Porter, Special Prosecutor, Newport, prosecuted the case in the court below for the State.

OPINION

BURNETT, Chief Justice.

The plaintiffs in error were indicted and convicted of breaking and entering a business place with the intent to commit larceny (burglary in the third degree). They were each sentenced to serve not less than three nor more than five years in the State penitentiary. From this conviction an appeal was prayed, briefs and arguments were filed on behalf of certain defendants and there were affidavits, etc., filed in behalf of others...

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