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JOHNSON v. STATE

580 S.W.2d 789 (1978)

Jesse James JOHNSON, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Granted December 29, 1978.

Certiorari Dismissed April 16, 1979.

Attorney(s) appearing for the Case

Robert S. Peters, Winchester, for appellant.

Brooks McLemore, Jr., Atty. Gen., Robert L. DeLaney, Asst. Atty. Gen., Nashville, J. William Pope, Jr., Dist. Atty. Gen., Pikeville, Mike P. Lynch, Asst. Dist. Atty. Gen., Winchester, for appellee.

Certiorari Granted by Supreme Court December 29, 1978.

Certiorari Dismissed by Supreme Court April 16, 1979.

OPINION

DAUGHTREY, Judge.

The defendant-appellant, Jesse James Johnson, was indicted and tried on a charge of first degree murder. The jury found him guilty of that offense, and, having been erroneously instructed by the trial judge that the minimum penalty for first degree murder was twenty years, the jury set Johnson's sentence at...

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