STATE v. HOWINGTON


907 S.W.2d 403 (1995)

STATE of Tennessee, Appellee, v. David Edward HOWINGTON, Appellant.

Supreme Court of Tennessee, at Nashville.

October 9, 1995.


Attorney(s) appearing for the Case

Charles W. Burson, Attorney General & Reporter, Kimbra R. Spann, Assistant Attorney General, Nashville, for Appellee.

Gregory D. Smith, Clarksville, for Appellant.


OPINION

BIRCH, Justice.

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted...

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