WHEELER v. STATE


539 S.W.2d 812 (1976)

Donnie WHEELER, Jr. and Johnny Lewis Carter, Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied July 26, 1976.


Attorney(s) appearing for the Case

Robert S. Peters, Winchester, for Wheeler.

J. Harvey Cameron, South Pittsburg, for Carter.

R.A. Ashley, Jr., Atty. Gen., R. Jackson Rose, Asst. Atty. Gen., Nashville, J. William Pope, Jr., Dist. Atty. Gen., Pikeville, Robert J. Leiderman, Asst. Dist. Atty. Gen., Jasper, for defendant in error.


Certiorari Denied by Supreme Court July 26, 1976.

O'BRIEN, Judge.

OPINION

This cause was originally heard at the September, 1974 term at Nashville. In an opinion filed on March 25th, 1975, a majority of this court found that the minutes of the trial court affirmatively indicated that the plaintiffs in error were convicted by a jury of 13 members. The case was reversed under the authority of Grooms et al. v. State, 221 Tenn. 243,

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