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STATE v. GRADY

619 S.W.2d 139 (1979)

STATE of Tennessee, Petitioner, v. Luther E. GRADY, Jr., Respondent.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied April 16, 1979.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., John Zimmermann, Asst. Atty. Gen., Nashville, Richard A. Fisher, Dist. Atty. Gen., Cleveland, for petitioner.

Eddie L. Headrick, Cleveland, for respondent.

Permission to Appeal Denied by Supreme Court April 16, 1979.

OPINION

DAUGHTREY, Judge.

The State of Tennessee contests* the order of the trial judge, in which he dismissed two indictments against Luther E. Grady. Jr. on the ground that they were returned solely on the basis of hearsay evidence presented to the Bradley County Grand Jury by the chief investigating officer. The trial judge ruled that "based upon Rule 5.1...

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