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BOLLIN v. STATE

486 S.W.2d 293 (1972)

Maxie BOLLIN, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied September 18, 1972.

Attorney(s) appearing for the Case

Clifford Maness and J.C. McMurtry, Gallatin, for plaintiff in error.

David M. Pack, Atty. Gen., Weldon B. White, Jr., Asst. Atty. Gen., Nashville, O'Brien Price, Dist. Atty. Gen., Springfield, Ernest B. Pellegrin, Asst. Dist. Atty. Gen., Gallatin, for defendant in error.

WALKER, Presiding Judge.

OPINION

The defendant, Maxie Bollin, was convicted of burglary in the third degree and of being an habitual criminal. He was sentenced to life imprisonment.

In this appeal in the nature of a writ of error, he says that the court erred in failing to sustain his plea of misnomer. This unsworn plea seeks dismissal of the indictment on the ground that its first count refers to the defendant as Maxie Bolin and the second count...

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