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LLOYD v. STATE

440 S.W.2d 797 (1969)

Eugene LLOYD, Jr. v. STATE of Tennessee.

Supreme Court of Tennessee.

May 5, 1969.

Attorney(s) appearing for the Case

John B. Getz, Asst. Public Defender, Memphis, for petitioner, respondent.

George F. McCanless, Atty. Gen., and Robert H. Roberts, Asst. Atty. Gen., Nashville, for the State. Phillip E. Kuhn, Asst. Dist. Atty. Gen., prosecuted the case in the trial court.

OPINION

BURNETT, Chief Justice.

Lloyd was indicted on a three-count indictment. The State in the trial below relied upon Count No. 2 which alleged grand larceny. Under this count Lloyd was convicted and sentenced to the State penitentiary for not more than seven (7) years. The case was then appealed to the Court of Criminal Appeals which sustained one of the assignments of error hereinafter set forth and reversed the conviction and remanded for a new trial...

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