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  5. 755 S.W.2d 819 (1986)
 

STROUTH v. STATE

755 S.W.2d 819 (1986)

Donald Wayne STROUTH, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied June 22, 1987.

Attorney(s) appearing for the Case

Mark Evan Olive, Tallahassee, Fla., for appellant.

Gordon W. Smith, Asst. Atty. Gen., Nashville, Carl K. Kilpatrick, Dist. Atty. Gen., H. Greeley Wells, Asst. Dist. Atty. Gen., Blountville, for appellee.

Permission to Appeal Denied by Supreme Court June 22, 1987.

OPINION

DAUGHTREY, Judge.

Donald Wayne Strouth, currently an inmate on death row at the state penitentiary, was convicted of first degree murder and sentenced to death in 1978 for the murder of a Kingsport shopowner, Jimmy Keegan. Strouth's conviction and death sentence were affirmed by the Tennessee Supreme Court in 1981. State v. Strouth, 620 S.W.2d 467

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