JOHNSON v. STATE


469 S.W.2d 529 (1971)

Thomas JOHNSON and Eugene Turner, Jr., Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied June 7, 1971.


Attorney(s) appearing for the Case

Joe Hailey, Selmer, for plaintiffs in error.

David M. Pack, Atty. Gen., Robert H. Roberts, Asst. Atty. Gen., Nashville, Will Terry Abernathy, Dist. Atty. Gen., Selmer, for defendant in error.


Certiorari Denied by Supreme Court June 7, 1971.

OPINION

RUSSELL, Judge.

At about 2:30 a. m. on May 3, 1969, Deputy Sheriff Alton Smith of McNairy County, according to his testimony, came upon a burglary in progress at a roadside beer tavern. He testified that plaintiffs-in-error were inside, that the lock had been pried off the front door, and that Johnson and Turner had broken into coin operated machines on the premises. He announced his presence...

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