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MASSEY v. STATE

456 S.W.2d 867 (1970)

George MASSEY, 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

J. Kenneth Porter and Edward F. Hurd, Newport, for plaintiff in error.

David M. Pack, Atty. Gen., Lance D. Evans, Asst. Atty. Gen., Nashville, Henry F. Swann, Dist. Atty. Gen., Dandridge, Ben W. Hooper, II, Newport, and Franklin Park, special counsel, Jefferson City, for defendant in error.

Certiorari Denied by Supreme Court July 6, 1970.

OPINION

WALKER, Presiding Judge.

The defendant below appeals from his conviction of murder in the second degree and his sentence to ten to twelve years in the penitentiary.

On December 18, 1968, he shot Andy Kelly, Jr., in the stomach with a shotgun outside The Shack, a tavern in Cocke County. Kelly died a few minutes later.

That afternoon the defendant and a friend, Kenneth Romines...

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