STATE v. DANKWORTH


919 S.W.2d 52 (1995)

STATE of Tennessee, Appellant, v. Warna DANKWORTH, Jeffrey Terry, and Jody Terry, Appellees.

Court of Criminal Appeals of Tennessee, at Knoxville.

July 26, 1995.


Attorney(s) appearing for the Case

Charles W. Burson, Attorney General & Reporter, John B. Nisbet, III, Assistant Attorney General, Nashville, for Appellant.

James F. Logan, Jr., Logan, Thompson, Miller, Bilbo, Thompson, & Fisher, Cleveland, for Appellee Dankworth.

William C. Donaldson, Athens, for Appellees Terry.


OPINION

WHITE, Judge.

The state appeals pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure alleging that the trial judge acted improperly when, as the thirteenth juror, he set aside the jury verdict in this case. We have reviewed the record on appeal and relevant authorities, and, for the reasons discussed below, we affirm the judgment of the trial court and remand the case for a new trial before a different trial judge.

Appellees...

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