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PENNINGTON v. STATE

542 S.W.2d 100 (1976)

Charles PENNINGTON, Jr., Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied August 23, 1976.

Attorney(s) appearing for the Case

Jay Fred Friedman, Memphis, for plaintiff-in-error.

R.A. Ashley, Jr., Atty. Gen., Robert H. Roberts, Advocate Gen., Nashville, Arthur T. Bennett, Asst. Dist. Atty. Gen., Memphis, for defendant-in-error.

Certiorari Denied by Supreme Court August 23, 1976.

OPINION

DWYER, Judge.

The state moves to affirm on the technical record the conviction in the trial court for the offense of rape with punishment of confinement for thirty years. The plaintiff-in-error in opposition urges the court that pursuant to the mandates of Dennis v. State, 137 Tenn. 543, 195 S.W. 162 (1917), that no one other than the trial judge who heard the trial can certify and...

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