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STATE v. WINGARD

480 S.W.2d 915 (1972)

STATE of Tennessee, Petitioner, v. James Gerald WINGARD, Respondent.

Supreme Court of Tennessee.

Rehearing Denied June 5, 1972.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen., Lance D. Evans, Asst. Atty. Gen., State of Tenn., Thomas Shriver, Dist. Atty. Gen., Tenth Judicial Circuit, Carlton Petway, Asst. Dist. Atty., Nashville, for petitioner.

Robert N. Skinner, Paul W. Couch, Nashville, for respondent; Philip M. Carden, Nashville, of counsel.

OPINION

DYER, Chief Justice.

James Gerald Wingard was convicted by a jury in Davidson County of murder in the first degree and sentenced to serve ninety-nine years in the State Penitentiary. Upon appeal the Court of Criminal Appeals has reversed and remanded for a new trial. We granted certiorari.

Wingard was jointly indicted with four other defendants, namely: Pleasant, Williamson, Butler and Dillard. When the case was called for trial the State...

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