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DAVENPORT v. STATE

455 S.W.2d 622 (1970)

James E. DAVENPORT, Wayne Kendall, Calvin L. Roberts and Tommy L. Wolfenbarger, Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied June 15, 1970.

Attorney(s) appearing for the Case

Paul D. Welker, Clarksville, Arthur Pulliam, Nashville, for plaintiffs in error.

David M. Pack, Atty. Gen., Arnold Peebles, Jr., Asst. Atty. Gen., Nashville, Noel R. Bagwell, Dist. Atty. Gen., Clarksville, for defendant in error.

Certiorari Denied by Supreme Court June 15, 1970.

OPINION

HYDER, Judge.

James E. Davenport, Wayne Kendall, Calvin L. Roberts and Tommy L. Wolfen-barger were convicted of burglary in the third degree and sentenced to three years to five years each in the penitentiary. The case is before this Court on an appeal in the nature of a writ of error properly perfected by each defendant.

The record discloses the following facts.

The Clarksville...

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