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STATE EX REL. SWANN v. PACK

527 S.W.2d 99 (1975)

STATE of Tennessee ex rel. Henry F. SWANN, District Attorney General, Petitioner, v. Liston PACK, Pastor of the Holiness Church of God in Jesus Name, et al., Respondents.

Supreme Court of Tennessee.

September 8, 1975.

Attorney(s) appearing for the Case

R.A. Ashley, Jr., Atty. Gen., William C. Koch, Jr., Asst. Atty. Gen., Nashville, Henry F. Swann, Dist. Atty. Gen., for petitioner.

Edward Michael Ellis, Knoxville, Theo J. Emison, Jr., Alamo, for respondents.

OPINION

HENRY, Justice.

We granted certiorari in this case to determine whether the State of Tennessee may enjoin a religious group from handling snakes as a part of its religious service and in accordance with its Articles of Faith, on the basis of such action constituting a public nuisance.

The Circuit Court at Newport permanently enjoined the defendant, Pack, Pastor of The Holiness Church of God in Jesus Name, of Newport, and one of his Elders...

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