DRAKE v. STATE


576 S.W.2d 593 (1978)

Robert Lewis DRAKE, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied December 18, 1978.


Attorney(s) appearing for the Case

Shelby L. Haywood, Lewisburg, for appellant.

Brooks McLemore, Jr., Atty. Gen., William O. Kelly, Asst. Atty. Gen., Nashville, James S. Kidd, Dist. Atty. Gen., Fayetteville, Rondal T. Wilson, Asst. Dist. Atty. Gen., Shelbyville, for appellee.


Certiorari Denied by Supreme Court December 18, 1978.

OPINION

BYERS, Judge.

The Appellant was convicted of second (2nd) degree murder and sentenced to serve twenty-five (25) years in the penitentiary.

On January 12, 1977, at approximately 10:30 p.m. the Appellant and a woman were in his home when they heard a disturbance at the front door. The Appellant observed the deceased, a girl friend, who had broken a glass in the door and was attempting...

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