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FARRIS v. STATE

535 S.W.2d 608 (1976)

James E. FARRIS, Petitioner, v. STATE of Tennessee, Respondent. William Wayne ROBINSON, Petitioner, v. STATE of Tennessee, Respondent. Roosevelt LEWIS, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

On Rehearing March 30, 1976.

Attorney(s) appearing for the Case

Stafford Hagwood, Nashville, for Farris.

Walker Gwinn, Memphis, for Robinson and Lewis.

Etrula Trotter, Asst. Atty. Gen., Nashville, for Farris and Robinson.

William J. Haynes, Asst. Atty. Gen., Nashville, for Lewis; Ray A. Ashley, Jr., Atty. Gen., Nashville, of counsel.

OPINION

HENRY, Justice.

The principal issue in these cases is the validity of § 2 of Chapter 163 of the Public Acts of 1973, which appears in § 40-2707 T.C.A. as the last paragraph thereof, and which reads as follows:

It shall be the further duty of the trial judge charging jurors in cases of criminal prosecutions for felony offenses to charge the said jury as to the provisions of this section and as to the provisions of §§ 40...

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