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STATE v. SMITH

432 S.W.2d 501 (1968)

STATE of Tennessee, Plaintiff in Error, v. Willis SMITH, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied October 21, 1968.

Attorney(s) appearing for the Case

George F. McCanless, Atty. Gen., George W. McHenry, Jr., Asst. Atty. Gen., James R. Omer, Asst. Dist. Atty. Gen., Nashville, for plaintiff in error.

James Havron, Public Defender, Nashville, for defendant in error.

Certiorari Denied by Supreme Court October 21, 1968.

OPINION

OLIVER, Judge.

In this case, the State appeals from the judgment of the Criminal Court of Davidson County sustaining the defendant's motion to quash the following presentment: "That Willis Smith heretofore, and prior to the finding of this indictment, to-wit, on the ____ day of June, 1967, with force and arms, in the County aforesaid, unlawfully and feloniously did make an assault upon...

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