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STATE v. TODD

654 S.W.2d 379 (1983)

STATE of Tennessee, Appellant, v. Mike TODD, Appellee.

Supreme Court of Tennessee, at Jackson.

Opinion on Petition to Rehear July 25, 1983.

Attorney(s) appearing for the Case

Gordon W. Smith, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen., and Reporter, Nashville, for appellant.

George Morton Googe, Jackson, for appellee.

OPINION

COOPER, Justice.

In this appeal the state challenges the holding of the Court of Criminal Appeals that defendant's second degree murder conviction violated the constitutional prohibition against double jeopardy. The conviction was from the death of defendant's nineteen month old stepson which resulted from a head injury inflicted by defendant.

Defendant was indicted for second degree murder. An agreement was entered with the state in which...

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