BROWN v. STATE


537 S.W.2d 719 (1975)

John Henry BROWN, Petitioner, v. STATE of Tennessee, Respondent.

Court of Criminal Appeals of Tennessee.

December 19, 1975.


Attorney(s) appearing for the Case

Thomas O. Helton & John B. Phillips, Jr., Chattanooga, for petitioner.

R.A. Ashley, Jr., Atty. Gen., Robert B. Littleton, Asst. Atty. Gen., Nashville, David H. Rotroff, Asst. Dist. Atty. Gen., Chattanooga, for respondent.


WALKER, Presiding Judge.

OPINION

By his petition for postconviction relief, John Henry Brown attacks the constitutionality of his conviction for assault with intent to commit second degree murder and sentence to one to five years in the penitentiary. His counsel did not want an evidentiary hearing but submitted his claims on the pleadings, the stipulation of the facts and the record, including the transcript of two witnesses at the trial. This testimony...

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