GROSS v. NEIL


483 S.W.2d 584 (1972)

J.W. GROSS, Appellee, v. W.S. NEIL, Warden, Appellant.

Supreme Court of Tennessee.

August 7, 1972.


Attorney(s) appearing for the Case

Burkett C. McInturff, Kingsport, Jack Vaughan, Johnson City, for appellee.

David M. Pack, Atty. Gen., State of Tennessee, Bart Durham, Asst. Atty. Gen., Nashville, Carl K. Kirkpatrick, Dist. Atty. Gen., Kingsport, for appellant.


OPINION

ERBY L. JENKINS, Special Judge.

The defendant, J.W. Gross, was convicted in the Sullivan County Criminal Court in 1959 of rape and incest. He was given sentences of ten and twenty-five years for raping two little girls and a third sentence of five to ten years for incest. He was represented by privately retained counsel.

Eleven years later he filed a petition for post-conviction relief by retained counsel attacking the 1959 convictions in...

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