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STEWART v. STATE

484 S.W.2d 77 (1972)

Tom STEWART, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Rehearing Denied June 29, 1972.

Certiorari Denied August 21, 1972.

Attorney(s) appearing for the Case

S. Randolph Ayres, Athens, for plaintiff-in-error.

David M. Pack, Atty. Gen., and Robert H. Roberts, Asst. Atty. Gen., Nashville, Earle G. Murphy, Dist. Atty. Gen. pro tem., Cleveland, for defendant-in-error.

Certiorari Denied by Supreme Court August 21, 1972.

OPINION

RUSSELL, Judge.

This case involves a conviction under T.C.A. § 39-4226, fraudulent breach of trust, for the appropriation of a tape player by one to whom it was delivered for repairs. The jury set the punishment at a thirty day jail sentence.

Only four witnesses testified. The record leaves much to be desired in the way of clarity. However, it is fair to say that the only defense...

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