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McDONALD v. STATE

542 S.W.2d 388 (1976)

James C. McDONALD, 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

Walker Gwinn, Memphis, for plaintiff-in-error.

R.A. Ashley, Jr., Atty. Gen., John F. Southworth, Jr., Asst. Atty. Gen., Nashville, Joseph L. Patterson, Asst. Dist. Atty. Gen., Memphis, for defendant-in-error.

Certiorari Denied by Supreme Court August 23, 1976.

OPINION

DWYER, Judge.

The questions presented in this appeal by the Public Defender's Office of Shelby County from a conviction of murder in the second degree, T.C.A. 39-2403, with punishment of confinement for forty years go to the sufficiency of the evidence and the admission into evidence over objection the statement of the decedent. It is conceded that if the admission of the latter was proper...

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