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GUY v. STATE

470 S.W.2d 28 (1971)

John E. GUY, Petitioner, v. STATE of Tennessee, Respondent.

Court of Criminal Appeals of Tennessee.

Certiorari Denied August 16, 1971.

Attorney(s) appearing for the Case

Hugh W. Stanton, Jr., Memphis, for petitioner.

David M. Pack, Atty. Gen., Robert H. Roberts, Asst. Atty. Gen., Nashville, Tenn., Thomas F. Graves, Asst. Dist. Atty. Gen., Memphis, for respondent.

Certiorari Denied by Supreme Court August 16, 1971.

OPINION

WALKER, Presiding Judge.

Without an evidentiary hearing the trial judge sustained a motion to dismiss this petition for postconviction relief. The petitioner appeals. We affirm.

The petitioner says that the state's motion to dismiss is in the nature of a speaking demurrer since it alleges facts not contained in the original petition. With this we agree. T.C.A. 40-3814 authorizes...

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