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STATE v. RUSSELL

429 S.W.2d 818 (1967)

STATE of Tennessee ex rel. Willie DONEHUE, Plaintiff-in-Error, v. Lake F. RUSSELL, Warden, Defendant-in-Error.

Supreme Court of Tennessee.

December 11, 1967.

Attorney(s) appearing for the Case

J. F. DiRisio, Chattanooga, of counsel, Kelley, DiRisio, Chattanooga, for plaintiff in error.

George F. McCanless, Atty. Gen., and George W. McHenry, Jr., Asst. Atty. Gen., Nashville, for defendant in error.

OPINION

CHATTIN, Justice.

This is an appeal from a judgment of the trial court dismissing a petition for the writ of habeas corpus. On September 17, 1963, petitioner was tried and convicted in the Criminal Court of Hamilton County for the offense of murder in the first degree. He was sentenced to a term of twenty-five years and one day in the State Penitentiary.

In November, 1966, he filed his petition...

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