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SURCEY v. STATE

474 S.W.2d 167 (1971)

Lee SURCEY, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 6, 1971.

Attorney(s) appearing for the Case

Paul Wohlford, Bristol, for plaintiff in error.

David M. Pack, Atty. Gen., Lance D. Evans, Asst. Atty. Gen., Nashville, Carl K. Kirkpatrick, Dist. Atty. Gen., Kingsport, for defendant in error.

Certiorari Denied by Supreme Court December 6, 1971.

OPINION

GALBREATH, Judge.

The primary insistence of the plaintiff in error in this appeal challenging the validity of his conviction in the Sullivan County Criminal Court and resulting sentence of not less than five nor more than six years in the penitentiary for the crime of incest is that the proof did not establish that the crime had been committed.

It was the theory of the State that...

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