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STATE v. JOHNSON

413 S.W.2d 694 (1967)

STATE of Tennessee ex rel. Henry SMITH, Jr., Plaintiff in Error, v. Wilburn JOHNSON, Warden, Tennessee State Penitentiary, Defendant in Error.

Supreme Court of Tennessee.

March 17, 1967.

Attorney(s) appearing for the Case

Edward C. Duke, Jackson, for plaintiff in error.

George F. McCanless, Atty. Gen., and Paul E. Jennings, Asst. Atty. Gen., Nashville, Phil M. Canale, Jr., Dist. Atty. Gen., 15th Judicial Circuit, Memphis, who represented the State in the trial court, for defendant in error.

HARBISON, Special Justice.

OPINION

Plaintiff in error was indicted on September 16, 1960, for murder in the first degree committed while in the perpetration of a robbery. He was convicted in the Criminal Court of Shelby County, Tennessee, on January 11, 1961, and sentenced to death by electrocution. His conviction was affirmed by this Court in the case of Smith v. State, 209 Tenn. 499, 354 S.W.2d 450 (1961).

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