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GANN v. STATE

452 S.W.2d 685 (1969)

Marvin GANN, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied March 16, 1970.

Attorney(s) appearing for the Case

Carter Schoolfield, Chattanooga, for plaintiff in error.

George F. McCanless, Atty. Gen., Arnold Peebles, Jr., Asst. Atty. Gen., Nashville, Gerald H. Summers, Asst. Dist. Atty. Gen., Chattanooga, for defendant in error.

Certiorari Denied by Supreme Court March 16, 1970.

OPINION

HYDER, Judge.

Marvin Gann was convicted of burglary in the third degree and sentenced to three to five years in the penitentiary. His appeal of this judgment is properly before this Court.

The Perry Smith Company, in Chattanooga, was burglarized during the night of December 20, 1967, and forty-eight company checks were stolen.

Betty Jean Rush, age twenty one, testified that...

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