Pavach v. State

Dissenting Opinion

Sullivan, P.J

Upon the principal issue before this court, the majority affirms the decision of the trial court, giving as *306the reason that this court will not weigh conflicting evidence. I cannot subscribe to such holding.

In my view, the proposition last mentioned is wholly inapplicable in that the evidence upon the issue, i.e., the physical custody of the defendant Hutcherson by law enforcement officers in Tenessee, was uncontroverted.

The legal effect of the clear and uncontroverted statement of the Sheriff of Marshall County, Tennessee, concerning the defendant’s whereabouts…