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McMATH v. STATE

544 S.W.2d 902 (1976)

Denver McMATH, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 6, 1976.

Attorney(s) appearing for the Case

Gene Griffin and Robert H. Feeney, Ortwein, Feeney & Griffin, Chattanooga, for plaintiff in error.

R.A. Ashley, Jr., Atty. Gen., David L. Raybin, Asst. Atty., Gen., Nashville, Stephen M. Bevil and Thomas J. Evans, Asst. Dist. Attys. Gen., Chattanooga, for defendant in error.

Certiorari Denied by Supreme Court December 6, 1976.

O'BRIEN, Judge.

OPINION

Defendant has raised several assignments of error on this appeal from his conviction for third degree burglary. He was considered as a habitual criminal under the provisions of T.C.A. Sec. 40-2801 and sentenced to confinement for life in the State Penitentiary.

The defendant filed a plea in abatement and a motion to quash on the day before the trial date. The plea...

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