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STATE v. LUNSFORD

603 S.W.2d 745 (1980)

STATE of Tennessee, Appellant, v. Hobart Millard LUNSFORD, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied July 28, 1980.

Attorney(s) appearing for the Case

William M. Leech Jr., Atty. Gen., Robert L. Jolley, Jr., Senior Asst. Atty. Gen., Nashville, J. William Pope, Jr., Dist. Atty. Gen., Pikeville, and Ray Taylor, Asst. Dist. Atty. Gen., Dayton, for appellant.

James W. McKenzie, Dayton, for appellee.

Permission to Appeal Denied by Supreme Court July 28, 1980.

OPINION

SCOTT, Judge.

In this interlocutory appeal, pursuant to Rule 9, T.R.App.P., the state has appealed the holding by the trial judge that two statements were not dying declarations and are not admissible in evidence. We agree as to one and disagree as to the other.

The judge filed an excellent memorandum setting forth the facts, the law, and his holding. Our recitation of the...

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