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STATE v. ARCHIE

639 S.W.2d 674 (1982)

STATE of Tennessee, Appellant, v. John ARCHIE, Appellee.

Court of Criminal Appeals of Tennessee, at Jackson.

Permission to Appeal Denied September 13, 1982.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., Gordon W. Smith, Asst. Atty. Gen., Nashville, Thomas D. Henderson, Asst. Dist. Atty. Gen., Memphis, for appellant.

Joseph B. Dailey (trial), Joseph B. Dailey, W. Mark Ward (appeal), Memphis, for appellee.

Permission to Appeal Denied by the Supreme Court September 13, 1982.

OPINION

WALKER, Presiding Judge.

This is an appeal by the state from the order of the trial judge precluding the state from retrying the appellee on the habitual criminal portion of the indictment.

The Shelby County grand jury on November 7, 1980, indicted the appellee, John Archie, for receiving stolen property and for being an habitual criminal. On April 1, 1981, the trial...

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