STATE v. PHILLIPS


672 S.W.2d 427 (1984)

STATE of Tennessee, Appellee, v. Kendall PHILLIPS, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied April 30, 1984.


Attorney(s) appearing for the Case

Robert R. Simpson, Knoxville (On appeal only), Douglas R. Beier, Morristown (At trial only), for appellant.

William M. Leech, Jr., Atty. Gen., Wayne E. Uhl, Asst. Atty. Gen., Nashville, Charles Berkeley Bell, Dist. Atty. Gen., Jim Pryor, Asst. Dist. Atty. Gen., Greeneville, for appellee.


OPINION

SCOTT, Judge.

The appellant was convicted of murder in the second degree and was sentenced to serve twenty-five years in the state penitentiary. On appeal he has presented two issues for our consideration.

In the first issue the appellant contends that he was denied due process of law and effective assistance of counsel, because his former defense counsel actively participated in the prosecution of the case on behalf of the state. In the...

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