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STATE v. HENDERSON

427 S.W.2d 834 (1968)

STATE of Tennessee ex rel. Luther LOCKHART, Plaintiff in Error, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary, Defendant in Error.

Supreme Court of Tennessee.

May 3, 1968.

Attorney(s) appearing for the Case

Douglas Meyer, Chattanooga, for plaintiff in error.

George F. McCanless, Atty. Gen., and Lance D. Evans, Asst. Atty. Gen., Nashville, and Edward E. Davis, Dist. Atty. Gen., Chattanooga, prosecuted the case in the trial court for defendant in error.

OPINION

DYER, Justice.

Luther Lockhart appeals from a dismissal of his petition for the writ of habeas corpus, which petition alleges his conviction was void on the ground the jury, by its verdict, did not specify the degree of murder of which it found him guilty.

The Grand Jury of Hamilton County, at its May Term, 1959, returned an indictment against petitioner charging statutory murder in the first degree. In October, 1959, petitioner plead guilty...

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