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DELK v. STATE

590 S.W.2d 435 (1979)

Sam DELK, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

Petition to Rehear Denied December 3, 1979.

Attorney(s) appearing for the Case

Jerry C. Colley, Columbia, Philip M. Carden, Nashville, for petitioner.

William M. Leech, Jr., Atty. Gen., Willaim O. Kelly, Asst. Atty. Gen., Nashville, Elmer Davies, Dist. Atty. Gen., Franklin, Douglas T. Bates, III, Asst. Dist. Atty. Gen., Centerville, for respondent.

OPINION

FONES, Justice.

Defendant was convicted, on circumstantial evidence, of murder in the second degree and sentenced to fifty years in the penitentiary. The Court of Criminal Appeals affirmed, and we granted the writ of certiorari.

Harry Gibson, owner of Gibson's Wayside Market in Centerville, was killed by one of two shots fired from a .32-caliber weapon on November 12, 1975. He was alive and apparently alone when Sidney Pigg, a 13-year-old...

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