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WHEELER v. STATE

415 S.W.2d 121 (1967)

Sol WHEELER, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

April 21, 1967.

Attorney(s) appearing for the Case

Lance B. Bracy, O'Brien Price, and Thomas Guthrie, Jr., Springfield, for plaintiff in error.

George F. McCanless, Atty. Gen., and Edgar P. Calhoun, Asst. Atty. Gen., Nashville, for defendant in error; James M. Porter, Dist. Atty. Gen., and Ernest Pellegrin, Asst. Dist. Atty. Gen., Springfield, prosecuted the case for the State in the trial court.

OPINION

CRESON, Justice.

This appeal comes from the Circuit Court of Robertson County, Tennessee. The parties will be referred to herein as they appeared in the trial court; that is, plaintiff in error Sol Wheeler as defendant, and defendant in error as the State.

On March 27, 1959, the defendant was indicted for murder in the first degree. He was first tried on this charge on April 7, 1959. The first trial resulted in a jury verdict of guilty of...

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