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STATE v. RANDOLPH

676 S.W.2d 943 (1984)

STATE of Tennessee, Plaintiff-Appellee, v. Emmitt Eugene RANDOLPH, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

September 10, 1984.

Attorney(s) appearing for the Case

Henry Haile, Nashville, for defendant-appellant.

Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville, for plaintiff-appellee; William M. Leech, Jr., Atty. Gen. & Reporter, Nashville, of counsel.

OPINION

HARBISON, Justice.

Appellant Randolph and two co-defendants were charged with murder in the second degree. The presentment alleged that they conspired to sell and that one of them, Kathy Barnhill, did sell heroin to the victim, Hank W. Jones, and his wife Patricia Jones in Fairview, Tennessee on August 14, 1979. The heroin was allegedly supplied by appellant and co-defendant Kathye Smith. The victim died from a self-injected overdose on the following...

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