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BROWN v. STATE

553 S.W.2d 94 (1977)

Billy Carmack BROWN, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

May 20, 1977.

Attorney(s) appearing for the Case

Dicken E. Kidwell, Murfreesboro, for appellant.

Brooks McLemore, Atty. Gen., David L. Raybin, Asst. Atty. Gen., Nashville, Baxter Key, Jr., Dist. Atty. Gen., Carthage, R. David Allen, Asst. Dist. Atty. Gen., William D. Baird, Sp. Prosecutor, Lebanon, for appellee.

OPINION

WALKER, Presiding Judge.

Convicted of first degree murder and sentenced to death by electrocution, the appellant, Billy Carmack Brown, appeals in error.

The state's evidence, including that of his accomplice, Jackie Baker, showed that Brown and Baker had been drinking heavily on August 23, 1975; in a Lebanon restaurant they were loud and abusive of a waitress. They annoyed the deceased, Royal Tidwell, by hiding his hat, but Tidwell agreed...

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