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eBook details

• Title: Donnie Wheeler v. State Tennessee
• Author : Court of Criminal Appeals of Tennessee
• Release Date : January 26, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

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, 426 S.W.2d 176. Certiorari was granted by the Supreme Court on August 25th, 1975, and pursuant to T.C.A.Sec. 16-452, as amended by Chapter 77, Sec. 1, Public Acts, 1975, the case was remanded to the trial court of Marion County to determine, as a factual issue, whether the alternate juror, Jerry Morrison, participated in the deliberations and verdict of the jury entered on August 31st, 1973. The Supreme Court ruled that on a determination of this issue the record and the ruling of the trial Judge should be authenticated and certified to this court for review, whereupon the opinion of this court and the trial record should be certified to the Supreme Court for final determination of all issues in the case.

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