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STATE v. LAMPKIN

619 S.W.2d 520 (1981)

STATE of Tennessee, Plaintiff-Appellee, v. Frederick G. LAMPKIN, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

August 3, 1981.

Attorney(s) appearing for the Case

Dale Miller, Charles C. Burks and George E. Penn, II, Knoxville, for defendant-appellant; Jenkins & Jenkins, Knoxville, of counsel.

Kim A. Tollison, Asst. Dist. Atty., Knoxville, Kymberly Lynn Ann Hattaway, Asst. Atty. Gen., Nashville, for plaintiff-appellee; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

OPINION

HARBISON, Chief Justice.

Appellant was indicted in a single count on a charge that he willfully, wantonly, maliciously and feloniously

"... did shoot, fire and discharge a gun, calculated to produce death and great bodily harm, at and into an occupied dwelling, to wit: the residence of Mrs. Frank Nipper, which dwelling was then and there occupied by Phyllis A. Blevins and others to the Grand Jurors unknown."

This indictment charged...

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