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STATE v. McLENNAN

503 S.W.2d 909 (1973)

STATE of Tennessee, Petitioner, v. Wallace Lewis McLENNAN, Respondent.

Supreme Court of Tennessee.

May 7, 1973.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen. of Tenn., Robert H. Roberts, Asst. Atty. Gen., Nashville, John L. Williams, Dist. Atty. Gen., Huntingdon, for petitioner.

W. Lee Lackey, Savannah, for respondent.

OPINION

CHATTIN, Justice.

Respondent was convicted of carrying burglarious instruments in violation of T.C.A. Section 39-908 and sentenced to imprisonment for not less than one nor more than ten years.

The Court of Criminal Appeals reversed and remanded the case for a new trial by a two-to-one decision. We granted the State's petition for certiorari.

The only question involved is whether the Court of Criminal Appeals committed error in finding...

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