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KILBURN v. STATE

509 S.W.2d 237 (1973)

Floyd Joe KILBURN, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied April 15, 1974.

Attorney(s) appearing for the Case

Fred Robertson and William B. Black, Tiptonville, for plaintiff in error.

David M. Pack, Atty. Gen., Weldon B. White, Jr., Asst. Atty. Gen., Nashville, Fleming Hodges, Dist. Atty. Gen., Othal Smith, Jr., Asst. Dist. Atty. Gen., Dyersburg, for defendant in error.

Certiorari Denied by Supreme Court April 15, 1974.

OPINION

DWYER, Judge.

From an involuntary manslaughter conviction by a jury with judgment pronounced thereon, this appeal flows, with two basic assignments of error pertaining to the admission into evidence of a dying declaration and the statement of the youthful defendant. The punishment as assessed by the jury was confinement in the county jail for 11 months and 29 days.

This tragedy occurred...

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