STATE v. SMITH


787 S.W.2d 34 (1989)

STATE of Tennessee, Appellant, v. William C. SMITH, Jr., Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied April 2, 1990.


Attorney(s) appearing for the Case

Charles W. Burson, State Atty. Gen. & Reporter, C. Anthony Daughtrey, Asst. State Atty. Gen., Nashville, and Teresa Murray, Asst. Dist. Atty. Gen., Johnson City, for appellant.

Steven Oberman, Daniel and Oberman, Knoxville and Richard W. Pectol, Richard W. Pectol & Associates, Johnson City, for appellee.


Permission to Appeal Denied by Supreme Court April 2, 1990.

OPINION

BYERS, Judge.

This is an appeal by the state from the dismissal of an indictment by the trial court.

The judgment is reversed and the case is remanded for further proceedings.

On July 18, 1987, at 12:48 a.m. an officer observed a vehicle stopped on the emergency lane of a state highway. The motor was running and the lights...

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