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STATE v. GIBSON

518 S.W.2d 353 (1974)

STATE of Tennessee, Petitioner, v. Ricky GIBSON and Benny Seagraves, Respondents.

Supreme Court of Tennessee.

December 23, 1974.

Attorney(s) appearing for the Case

Weldon B. White, Jr., Asst. Atty. Gen., Ray A. Ashley, Jr., Atty. Gen., Nashville, for petitioner.

Joe C. Davis, Lexington, for respondents.

OPINION

HENRY, Justice.

Respondents were convicted in the Criminal Court of Henderson County of burglary in the third degree and sentenced to three years confinement in the state penitentiary.

The Court of Criminal Appeals reversed the convictions on the ground that they were based solely on circumstantial evidence and the trial judge failed to charge the jury, sua sponte, on circumstantial evidence.

We granted the State's petition for certiorari...

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