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DUCHAC v. STATE

505 S.W.2d 237 (1973)

David K. DUCHAC and Billie G. Robinson, Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Supreme Court of Tennessee.

Rehearing Denied February 19, 1974.

Attorney(s) appearing for the Case

Frederick J. Lewis, Jean V. Humphreys, U.T. Legal Clinic, Knoxville, for plaintiffs in error.

David M. Pack, Atty. Gen., of Tenn., William B. Hubbard, Asst. Atty. Gen., Nashville, Earle G. Murphy, Dist. Atty. Gen., pro tem., Cleveland, for defendant in error.

OPINION

W.M. LEECH, Special Justice.

Defendants, Duchac and Robinson, were jointly tried on two separate indictments consolidated for trial. They were subsequently convicted of third degree burglary and of carrying burglarious instruments. Each of the defendants was sentenced to confinement in the state penitentiary for not less than three nor more than five years in the third degree burglary case, and to not less than one nor more than five years in the...

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