STATE v. CARTER


636 S.W.2d 183 (1982)

STATE of Tennessee, Plaintiff-Appellant, v. Edmond Allen CARTER, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

July 12, 1982.


Attorney(s) appearing for the Case

Gordon W. Smith, Asst. Atty. Gen., Nashville, for plaintiff-appellant; William M. Leech, Jr., Atty. Gen., of counsel.

C. Berkeley Bell, Jr., Greeneville, for defendant-appellee.


OPINION

BROCK, Justice.

The defendant was charged in a presentment with the sale of a controlled substance but was acquitted of that charge and instead convicted of the included lesser offense of simple possession of a controlled substance and received a sentence of 11 months 29 days in jail. On his appeal to the Court of Criminal Appeals that court reversed his conviction and remanded for a new trial, concluding that the trial court had erred in failing...

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