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MARSH v. STATE

561 S.W.2d 767 (1977)

McArthur MARSH, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 12, 1977.

Attorney(s) appearing for the Case

Ed Lane, Chattanooga, Tenn., for appellant.

Brooks McLemore, Jr., Atty. Gen., David L. Raybin, Asst. Atty. Gen., Nashville, Tenn., Gary D. Gerbitz, Dist. Atty. Gen., Jerry S. Sloan and Larry Campbell, Asst. Dist. Attys. Gen., Chattanooga, Tenn., for appellee.

Certiorari Denied by Supreme Court December 12, 1977.

OPINION

BYERS, Judge.

The Appellant was convicted of the burglary of an automobile for which the jury fixed the punishment at not less than three (3) years nor more than six (6) years and he was also found to be an habitual criminal and was sentenced to life imprisonment.

The Appellant says the in-court identification of him was based on an improper lineup and was not therefore admissible...

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