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STATE v. BROOKS

462 S.W.2d 491 (1970)

STATE of Tennessee, Petitioner, v. Richard A. BROOKS and Dennis Stephen Duncan, Respondents.

Supreme Court of Tennessee.

October 5, 1970.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen. and Reporter, Everett H. Falk, Asst. Atty. Gen., Nashville, and Noel R. Bagwell, Dist. Atty. Gen., Clarksville, for petitioner.

Brandon Ingham, Clarksville, for Brooks.

Rodger A. Bowman, Clarksville, for Duncan.

OPINION

HUMPHREYS, Justice.

Defendants were jointly indicted, and convicted, of armed robbery, and given ten year sentences. The Court of Criminal Appeals reversed, holding that the trial judge should have sustained defendants' plea of former jeopardy. We granted certiorari, and reverse on authority of Hite v. State, 17 Tenn. 357 (1836).

Defendants were first indicted for robbing one Johnny Bryant of money belonging to the Red Ace Petroleum Company...

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