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STATE v. ELLIOTT

524 S.W.2d 473 (1975)

STATE of Tennessee, Petitioner, v. Otis ELLIOTT and Wayne Mitchum, Respondents.

Supreme Court of Tennessee.

May 27, 1975.

Attorney(s) appearing for the Case

Milton P. Rice, Atty. Gen. and Reporter, William C. Koch, Jr., Asst. Atty. Gen., Nashville, for petitioner.

James G. Cate, Jr., Cleveland, George M. Derryberry, Chattanooga, for Elliott.

Carl E. Colloms, Cleveland, for Mitchum.

OPINION

COOPER, Justice.

Otis Elliott and Jerry Wayne Mitchum were convicted "of murder in the first degree committed while engaged in the crime of robbery," and were sentenced to ninety-nine years in the penitentiary. A divided Court of Criminal Appeals reversed the convictions and remanded for a new trial. This court granted certiorari to review the holding of the Court of Criminal Appeals that (1) the failure of the State to provide defendants with a...

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