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GERCHMAN v. STATE

332 S.W.2d 182 (1960)

David P. GERCHMAN v. STATE of Tennessee.

Supreme Court of Tennessee.

February 5, 1960.

Attorney(s) appearing for the Case

Paul D. Welker and Frank J. Runyon, Clarksville, for plaintiff in error.

William D. Grugett, Assistant Attorney General, for the State.

BURNETT, Justice.

Gerchman was indicted, tried and convicted of house-breaking and larceny and sentenced to serve a term of not more than three years in the State Penitentiary. He has seasonably appealed, filed briefs, and arguments have been heard. We now have the matter for disposition.

Gerchman was indicted for breaking into the house of a Mr. Peacher and stealing four heaters therefrom on the night of May 1, 1958. On May 9, 1958, a deputy sheriff along...

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