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HOWARD v. STATE

578 S.W.2d 83 (1979)

Maurice HOWARD, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

March 5, 1979.

Attorney(s) appearing for the Case

W. Walker Gwinn, Chief Appellate Counsel, Edward G. Thompson, Shelby County Public Defender, Memphis, for petitioner.

Charles L. Lewis, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen., Nashville, for respondent.

COOPER, Justice.

OPINION

The petition for certiorari was granted in this case so that we might consider whether it is error for the trial judge to refuse to charge the jury on criminal trespass upon the trial of an indictment for third degree burglary, where the proof is susceptible to the inference that the lesser offense had been committed.

As background, the petitioner was brought to trial on an indictment for third degree burglary, which charged...

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