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STATE v. SMITH

662 S.W.2d 588 (1983)

STATE of Tennessee, Appellant, v. Frank B. SMITH, Jr., Appellee.

Supreme Court of Tennessee.

December 27, 1983.

Attorney(s) appearing for the Case

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

Charles S. Kelly, Dyersburg, John Ott, McComb, Miss., Richard T. Watson, Woodville, Miss., for appellee.

OPINION

COOPER, Justice.

The issue presented on appeal is whether the Court of Criminal Appeals erred in reversing the trial court's denial of defendant's application for suspension of sentence and probation.

The defendant, Frank B. Smith, Jr., was indicted and tried for murder in the first degree in the shooting death of Robert Bearden and for grand larceny in the theft of the victim's personal belongings, including his billfold and $3,200.00 in...

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