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STATE v. MARTIN

743 S.W.2d 936 (1987)

STATE of Tennessee, Appellee, v. Russell MARTIN, Appellant.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal denied February 1, 1988.

Attorney(s) appearing for the Case

Vance L. Baker, Jr., Athens, for appellant.

W.J. Michael Cody, State Atty. Gen. & Reporter, Kathy M. Principe, Asst. State Atty. Gen., Nashville, Robert M. Reeves, Asst. Dist. Atty. Gen., Madisonville, for appellee.

Permission to Appeal denied by Supreme Court February 1, 1988.

OPINION

BYERS, Judge.

The defendant was convicted of burglary and petit larceny and sentenced to serve, concurrently, five years on the larceny and fifteen years on the burglary. He was found to be an aggravated and persistent offender.

The defendant says the trial judge made prejudicial remarks to the jury during voir dire, says there was a material variance

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