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CAPPS v. STATE

523 S.W.2d 213 (1974)

Joe CAPPS et al., Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied April 7, 1975.

Attorney(s) appearing for the Case

Edward Michael Ellis and Charles H. Child, Knoxville, for plaintiff in error.

R.A. Ashley, Jr., Atty. Gen., Michael E. Terry, Asst. Atty. Gen., Nashville, David Black and John C. Crawford, III, Asst. Dist. Attys. Gen., Maryville, H. Kenneth Deatherage, Dist. Atty. Gen., Kingston, for defendant in error.

Certiorari Denied by Supreme Court April 7, 1975.

RUSSELL, Judge.

OPINION

Joe Capps, Glen R. Birmley and John P. Sexton were jointly tried and convicted for the second degree burglary of a Roane County residence. Each was sentenced to three (3) to five (5) years in the penitentiary. The burglary involved the theft of a large quantity of guns, and occurred between early evening on October 3, 1973, and 6:30 p.m. on October 4, 1973. The three plaintiffs...

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