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STATE v. McCRAY

512 S.W.2d 263 (1974)

STATE of Tennessee, Petitioner, v. Frank Allen McCRAY, Respondent.

Supreme Court of Tennessee.

July 15, 1974.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen., Nashville, for petitioner; R. Jackson Rose, Asst. Atty. Gen., Nashville, of counsel.

Joseph J. Levitt, Jr., Rufus W. Beamer, Jr., Knoxville, for respondent.

OPINION

FONES, Justice.

Frank Allen McCray was convicted of second degree murder and sentenced to from ten to fifteen years in the penitentiary. The majority opinion of the Court of Criminal Appeals reversed and ordered a new trial, finding from an analysis of the testimony that, " — it is substantially and essentially uncontradicted upon this record that the defendant acted only in his necessary and proper...

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