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PROCK v. STATE

455 S.W.2d 658 (1969)

Oscar C. PROCK and James R. Smith, Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Rehearing Denied January 15, 1970.

Certiorari Denied June 15, 1970.

Attorney(s) appearing for the Case

James S. Patrick, Jr., Nashville, for plaintiffs in error.

George F. McCanless, Atty. Gen., Robert H. Roberts, Asst. Atty. Gen., Nashville, Whit LaFon, Dist. Atty. Gen., Jackson, for defendant in error.

Certiorari Denied by Supreme Court June 15, 1970.

OPINION

WALKER, Presiding Judge.

The defendants below, Oscar C. Prock and James R. Smith, were convicted of burglary in the third degree and sentenced to three to five years in the penitentiary.

At about 5:30 A.M., Sunday, May 28, 1967, two officers in a patrol car noticed a 1961 blue Buick automobile with white top backed to the front door of the Jolly Charlie Restaurant in Jackson. Two men...

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