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SUMMERALL v. STATE

560 S.W.2d 413 (1977)

Chester Lee SUMMERALL, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied January 23, 1978.

Attorney(s) appearing for the Case

Brett B. Stein, Memphis, for appellant.

Brooks McLemore, Jr., Atty. Gen., Robert A. Grunow, Asst. Atty. Gen., Nashville, Michael W. Hughes, Asst. Dist. Atty., Memphis, for appellee.

Certiorari Denied by Supreme Court January 23, 1978.

OPINION

TATUM, Judge.

The defendant, Chester Lee Summerall, was convicted in the Criminal Court of Shelby County of assault and battery with intent to commit rape. He seasonably filed his written motion for a new trial and it was dismissed by the trial judge "for want of prosecution." The defendant appeals from the action of the trial judge in dismissing his motion for a new trial without considering...

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