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PERNELL v. STATE

475 S.W.2d 204 (1971)

John Henry PERNELL, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 20, 1971.

Attorney(s) appearing for the Case

Fred M. Milligan and Don Moore, Jr., Chattanooga, for plaintiff in error.

David M. Pack, Atty. Gen., Lance D. Evans, Asst. Atty. Gen., Nashville, Gary D. Gerbitz, Asst. Dist. Atty. Gen., Chattanooga, for defendant in error.

Certiorari Denied by Supreme Court December 20, 1971.

OPINION

DWYER, Judge.

In his retrial after remand from an earlier conviction of murder in the first degree, John Henry Pernell was found guilty of murder in the second degree with resulting punishment and judgment pronounced thereon of confinement for not more than ten years. The original conviction was set aside by this court in an opinion styled John Henry Pernell v. State, released September...

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