Legal Opinion

McMath v. State

Court of Criminal Appeals of Tennessee

Decided July 21, 1976PublishedCited by 6 opinions

1Opinion of the Court

O’BRIEN, Judge.

OPINION

Defendant has raised several assignments of error on this appeal from his conviction for third degree burglary. He was considered as a habitual criminal under the provisions of T.C.A. Sec. 40-2801 and sentenced to confinement for life in the State Penitentiary.

The defendant filed a plea in abatement and a motion to quash on the day before the trial date. The plea in abatement was treated as a motion to dismiss and each was overruled. Defendant cites this ruling of the trial court as error.

The motion to quash the indictment was predicated on the premise that he was…

2Cases cited4 opinions

  1. Taylor v. LouisianaSupreme Court of the United States · 1975
  2. William H. Haggard v. C. Murray Henderson, Warden, John Taylor Aldridge v. C. Murray Henderson, WardenCourt of Appeals for the Sixth Circuit · 1967
  3. Frazier v. StateCourt of Criminal Appeals of Tennessee · 1972
  4. Cumbo v. StateTennessee Supreme Court · 1959

3Cited by6 opinions

  1. State v. MooreCourt of Criminal Appeals of Tennessee · 1988
  2. State v. GivensCourt of Criminal Appeals of Tennessee · 1982
  3. State v. CookTennessee Supreme Court · 1985
  4. Billy Jackson Coffelt v. State of Tennessee and Jerry Lester, WardenCourt of Criminal Appeals of Tennessee · 2013
  5. Denver McMath v. StateCourt of Criminal Appeals of Tennessee · 2010

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