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STATE v. ROBERTS

703 S.W.2d 146 (1986)

STATE of Tennessee, Plaintiff-Appellee, v. Roy ROBERTS, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

January 27, 1986.

Attorney(s) appearing for the Case

Mike Mosier, Henderson, for defendant-appellant.

Ann Lacy Johns, Asst. Atty. Gen., W.J. Michael Cody, Atty. Gen. & Reporter, of counsel; Nashville, for plaintiff-appellee.

OPINION

BROCK, Justice.

In the trial court the defendant was charged with the offense of aggravated assault but was convicted of the offense of assault and battery and sentenced to serve 11 months and 29 days in the workhouse, all but 30 days of which was suspended; defendant was also ordered to pay a fine of $50.00

The Court of Criminal Appeals in a 2 to 1 decision, Judge Dwyer dissenting, affirmed the...

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