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STATE v. GAMBREL

783 S.W.2d 191 (1989)

STATE of Tennessee, Appellant, v. Janis GAMBREL and Theron Gambrel, Appellees.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied January 2, 1990.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen., C. Anthony Daughtrey, Asst. Atty. Gen., Nashville, David G. Ballard, Dist. Atty. Gen., Steven R. Hawkins, Asst. Dist. Atty. Gen., Maryville, for appellant.

Charles Dungan, Maryville, for appellees.

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

OPINION

SCOTT, Judge.

The state has appealed from the judgment of the trial court granting a motion to suppress the fruits of a search pursuant to a search warrant.1 The trial judge found that the issuing magistrate failed to retain an exact copy of the search warrant as required by Rule 41(c), Tenn.R.Crim.P., in that the copy retained by the magistrate was...

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