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STATE v. McJUNKIN

815 S.W.2d 542 (1991)

STATE of Tennessee, Appellee, v. Johnny McJUNKIN, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

July 24, 1991.

Attorney(s) appearing for the Case

James Harvey Stutts, Asst. Public Defender, 10th Judicial Dist., Sweetwater, for appellant.

Charles W. Burson, Tennessee Atty. Gen. and Ellen H. Pollack, Asst. Atty. Gen., Nashville, Jerry N. Estes, Dist. Atty. Gen. and Gregory C. Krog, Jr., Asst. Dist. Atty. Gen., Athens, for appellee.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

BYERS, Presiding Judge.

The appellant was convicted, in separate jury trials, of two counts of driving while intoxicated, second offense. The cases have been consolidated for purposes of appeal and the following issues have been raised:

1. The trial court erred in becoming actively involved in the prosecution of the case (89-655) by examining the prosecuting witness to establish...

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