STATE v. SLUDER


493 S.W.2d 467 (1973)

STATE of Tennessee, Petitioner, v. Benny Joe SLUDER, Respondent.

Supreme Court of Tennessee.

Rehearing Denied May 7, 1973.


Attorney(s) appearing for the Case

David M. Pack, Atty. Gen. of Tenn., Bart Durham, Asst. Atty. Gen. of Tenn., Thomas E. Fox, Deputy Atty. Gen. of Tenn., Nashville, Ronald A. Webster, Dist. Atty. Gen., Knoxville, for petitioner.

Donald R. Coffey, Robert E. Pryor, Knoxville, for respondent.


OPINION

CHATTIN, Justice.

Sluder was convicted of being an habitual criminal and sentenced to imprisonment for life. The Court of Criminal Appeals reversed and dismissed the case on the ground the trial judge should have sustained Sluder's plea of former jeopardy. We granted the State's petition for certiorari.

On February 26, 1970, indictment No. 3869 was returned by the Knox County grand jury charging Sluder with burglary, larceny of two watches...

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