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MILLER v. STATE

584 S.W.2d 758 (1979)

Sammy MILLER, Appellant, v. STATE of Tennessee, Appellee.

Supreme Court of Tennessee.

Rehearings Denied August 10, 1979.

Second Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

H.H. Gearinger, Chattanooga, for appellant.

William M. Leech, Jr., Atty. Gen., Robert L. Jolley, Jr., Asst. Atty. Gen., Nashville, Gary Gerbitz, Dist. Atty. Gen., Chattanooga, for appellee.

OPINION

HENRY, Chief Justice.

In this criminal action the defendant was convicted of murder in the first degree and sentenced to death by electrocution. It comes before us on direct appeal pursuant to § 39-2406, T.C.A.

We affirm so much of the jury verdict and the judgment of the court thereon as found defendant guilty of murder in the first degree, but modify the sentence imposed and adjudged by reducing it to life imprisonment.

I...

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