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MONTGOMERY v. STATE

556 S.W.2d 559 (1977)

James Theodore MONTGOMERY, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied October 24, 1977.

Attorney(s) appearing for the Case

Richard H. Donnell, Jackson, for appellant.

Brooks McLemore, Jr., Atty. Gen., John F. Southworth, Jr., Asst. Atty. Gen., Nashville, George Hymers, Dist. Atty. Gen., Jackson, for appellee.

Certiorari Denied by Supreme Court October 24, 1977.

OPINION

TATUM, Judge.

The defendant, James Theodore Montgomery, was sentenced to fifteen years in the State Penitentiary upon a conviction of rape. Affirmed.

On this appeal, the defendant tests the sufficiency of the evidence and questions the action of the Trial Judge in refusing him a new trial because one of the jurors based his vote finding the defendant guilty out of fear of being...

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