SMITH v. STATE


584 S.W.2d 811 (1979)

Odell SMITH, Appellant, v. STATE of Tennessee, Appellee. STATE of Tennessee, Appellant, v. Odell SMITH, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied July 30, 1979.


Attorney(s) appearing for the Case

Anthony J. Sabella, Memphis, for Odell Smith.

William M. Leech, Jr., Atty. Gen., Robert A. Grunow, Asst. Atty. Gen., Nashville, Gerald F. Easter, Asst. Dist. Atty. Gen., Memphis, for the State.


Certiorari Denied by Supreme Court July 30, 1979.

OPINION

TATUM, Judge.

Both the State and defendant made separate appeals which were consolidated by the court. The defendant, Odell Smith, appealed his conviction for receiving stolen property under the value of $100 with punishment fixed at 2 to 5 years imprisonment. The State appealed from the trial judge's refusing to allow the State to proceed at trial with the habitual criminal count in the indictment...

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