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STATE v. DAVENPORT

980 S.W.2d 407 (1998)

STATE of Tennessee, Appellant, v. Michael DAVENPORT, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

April 2, 1998.

Attorney(s) appearing for the Case

James P. Smith, Jr., Crossville, for Appellee.

John Knox Walkup, Attorney General and Reporter, Timothy F. Behan, Assistant Attorney General, Nashville, Bill Gibson, District Attorney General, Ben Fann, Assistant District Attorney, Cookeville, for Appellant.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

SMITH, Judge.

Appellee Michael Davenport was indicted on June 13, 1992 for attempted first degree murder, aggravated assault, and two counts of reckless endangerment. The prosecution, on its own motion, asked that the aggravated assault charge be dismissed, and the trial court did so on November 19, 1992. On November 20, 1992, Appellee was convicted by a jury in the Cumberland...

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