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HALL v. STATE

490 S.W.2d 495 (1973)

Herman HALL, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Supreme Court of Tennessee.

February 5, 1973.

Attorney(s) appearing for the Case

Samuel B. Schlanger, Nashville, for plaintiff-in-error.

David M. Pack, Atty. Gen., W. Henry Haile, Asst. Atty. Gen., Martha Craig Daughtrey and Tom P. Thompson, Jr., Asst. Dist. Attys. Gen., Nashville, for defendant-in-error.

OPINION

HUMPHREYS, Justice.

The plaintiff-in-error, Herman Hall, was indicted for first degree burglary with intent to commit larceny. He was tried and found guilty of an attempt to commit a felony, with punishment fixed at not more than four (4) years in the penitentiary.

The Court of Criminal Appeals affirmed the judgment of the trial court. This Court granted certiorari for the purpose of stating, definitively, the effect of certain fact situations...

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