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STATE v. CABBAGE

571 S.W.2d 832 (1978)

STATE of Tennessee, Petitioner, v. Billy Wayne CABBAGE, Respondent.

Supreme Court of Tennessee.

October 10, 1978.

Attorney(s) appearing for the Case

Robert L. Jolley, Jr., Asst. Atty. Gen., Nashville (Brooks McLemore, Jr., Atty. Gen., Nashville, of counsel), for petitioner.

Edward H. Stevens, University of Tennessee Legal Clinic, Knoxville, for respondent.

OPINION

HARBISON, Justice.

Respondent, Billy Wayne Cabbage, was convicted of selling and delivering a Schedule II controlled substance in violation of T.C.A. § 52-1432(a)(1)(B) and received a sentence of not less than five nor more than seven years in the state penitentiary. Upon post-trial motion, the trial judge approved the verdict and overruled all assignments of error.

The Court of Criminal Appeals, however, reversed the conviction, finding...

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