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WHITWELL v. STATE

520 S.W.2d 338 (1975)

Dennis WHITWELL and Forrest McClain, Petitioners, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

January 20, 1975.

Attorney(s) appearing for the Case

William M. Leech, Jr., Columbia, for petitioners.

R.A. Ashley, Jr., Atty. Gen., C. Hayes Cooney, Asst. Atty. Gen., Nashville, M.A. Peebles, Dist. Atty. Gen., Columbia, for respondent.

OPINION

FONES, Chief Justice.

Defendants below, Dennis Whitwell and Forrest McClain, were charged in separate indictments, with grand larceny of cattle and receiving and concealing stolen property, the same cattle. They were jointly tried. The jury requested further instructions on two occasions and returned from their deliberations the third time and reported that they could not agree. Thereupon, the following...

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