STATE v. CLEGG


638 S.W.2d 434 (1982)

STATE of Tennessee, Appellee, v. James E. CLEGG, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

May 28, 1982.


Attorney(s) appearing for the Case

James Lynn Price, Bristol, for appellant.

William M. Leech, Jr., Atty. Gen., Wayne E. Uhl, Asst. Atty. Gen., Heidi Z. Dorris, Research Asst., Nashville, R. Jerry Beck, Stanley A. Kweller, Asst. Dist. Attys. Gen., Blountville, for appellee.


OPINION

BYERS, Judge.

The defendant was convicted of receiving stolen property, and the same jury then heard evidence on whether the defendant had become an habitual criminal. The jury was unable to render a verdict on this issue, and the trial judge declared a mistrial only on the habitual criminal count of the indictment.

This proceeding took place on March 17, 1981. On April 27, 1981, the trial judge empaneled a different jury to hear the habitual...

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