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STATE v. EAST

485 S.W.2d 881 (1972)

STATE of Tennessee, Plaintiff in Error, v. Thomas EAST et al., Defendants in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied September 18, 1972.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen., C. Hayes Cooney, Asst. Atty. Gen., Nashville, Baxter Key, Jr., Dist. Atty. Gen., Carthage, for plaintiff in error.

William F. Durham, Gallatin, for East & Williams.

J.H. Reneau, Jr., J.H. Reneau, III, Celina, for Ward.

James Donoho, Hartsville, for Burton.

Certiorari Denied by Supreme Court September 18, 1972.

OPINION

RUSSELL, Judge.

The single question presented by this appeal-in-error by the State from the sustaining of Pleas in Abatement to the presentment is whether or not the pleas came too late. No argument is made that the grand jury returning the presentment was properly constituted. The trial judge found, apparently without question, that the grand jury was not empaneled from a proper cross...

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