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SMITH v. STATE

540 S.W.2d 286 (1976)

Charles Webster SMITH, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied August 16, 1976.

Attorney(s) appearing for the Case

Walker Gwinn, Asst. Public Defender, Memphis, for plaintiff in error.

R.A. Ashley, Jr., Atty. Gen., John F. Southworth, Jr., Asst. Atty. Gen., Nashville, Arthur T. Bennett, Asst. Dist. Atty. Gen., Memphis, for defendant in error.

Certiorari Denied by Supreme Court August 16, 1976.

OPINION

WALKER, Presiding Judge.

From his conviction of murder in the second degree with imprisonment of ten years, the defendant below, Charles Webster Smith, appeals in error.

The case was tried April 15 and 16, 1974, by Judge Perry H. Sellers who retired September 1, 1974, and then signed the bill of exceptions when it was presented to him as a late one August 22, 1975. The retired judge...

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