CANADAY v. STATE


310 S.W.2d 428 (1958)

Perry Hartman CANADAY et al. v. The STATE of Tennessee.

Supreme Court of Tennessee.

February 6, 1958.


Attorney(s) appearing for the Case

H. G. B. King, Chattanooga, Z. T. Osborn, Jr., Nashville, for appellants.

Thomas E. Fox, Asst. Atty. Gen., for appellee.


PREWITT, Justice.

The defendants below, Perry Hartman Canaday and C.B. Richardson, were convicted for a conspiracy to commit an assault and battery and fined $1,000 each, and sentenced to serve in the county workhouse for a period of eleven months and twenty-nine days. The third defendant, James Gilley, was acquitted by the jury.

The record discloses that the defendants did not take the stand and did not testify in their own behalf.

The principal...

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