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CAMPBELL v. STATE

491 S.W.2d 359 (1973)

Clarence Eddie CAMPBELL, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Supreme Court of Tennessee.

February 20, 1973.

Attorney(s) appearing for the Case

Harold E. Brown, Chattanooga, for plaintiff-in-error.

David M. Pack, Atty. Gen., State of Tennessee, Charles W. Cherry, Asst. Atty. Gen., Nashville, Edward E. Davis, Dist. Atty. Gen., Stanley Lanzo & Franklin Groves, Asst. Dist. Attys. Gen., Chattanooga, for defendant-in-error.

OPINION

HUMPHREYS, Justice.

Defendant, represented by retained counsel, was convicted of second degree murder in the Criminal Court of Hamilton County with a resulting punishment of ten (10) years in the penitentiary. The Court of Criminal Appeals, relying on Sherod v. State, Tenn.Cr.App., 470 S.W.2d 860 (1971), reversed the defendant's conviction because the indictment failed to charge that the defendant killed the deceased...

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