JOHNSON v. STATE


456 S.W.2d 864 (1970)

Sharlene JOHNSON, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied July 6, 1970.


Attorney(s) appearing for the Case

W. E. Badgett, Knoxville, for plaintiff in error.

David M. Pack, Atty. Gen., Arnold Peebles, Jr., Asst. Atty. Gen., Nashville, Tom J. Taylor, Dist. Atty. Gen., Athens, for defendant in error.


Certiorari Denied by Supreme Court July 6, 1970.

OPINION

RUSSELL, Judge.

Sharlene Johnson and Juanita Smith were jointly indicted in the Criminal Court of McMinn County for shoplifting a dress worth thirty-six dollars. The indictment was obviously drawn to describe the offense as defined in T.C.A. § 39-4235. No mention was made in the indictment of this being a second offense for either defendant. However, some evidence was introduced that Juanita...

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