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SMART v. STATE

544 S.W.2d 109 (1976)

Kenneth Dale SMART, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied October 25, 1976.

Attorney(s) appearing for the Case

Edward G. Thompson, Public Defender, Walker Gwinn, Chief App. Counsel, Memphis, for appellant.

R.A. Ashley, Jr., Atty. Gen., Robert A. Grunow, Asst. Atty. Gen., Nashville, James D. Wilson, Asst. Dist. Atty. Gen., Memphis, for appellee.

Certiorari Denied by Supreme Court October 25, 1976.

OPINION

RUSSELL, Judge.

This is an appeal by Kenneth Dale Smart from his conviction for second degree burglary. Sentence was set at not less than five nor more than ten years in the penitentiary.

Trial was conducted in Division VI of the Criminal Court of Shelby County. A co-defendant, Charles Matlock, was convicted of receiving stolen property and was given three years, and did not appeal...

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