Duncan v. State

OPINION

DWYER, Judge.

This appeal in the nature of a writ of error has been perfected by court appointed counsel for the indigent, plaintiff-in-error, who contends that his conviction for receiving stolen property over the value of $100, see T.C.A. 39-4217(A), with punishment of confinement for not more than four years, is invalid as being contrary to the law. The plaintiff-in-error was indicted in December, 1970, and shortly thereafter escaped from custody, with his return occurring in or about December, 1973, his trial commencing and concluding on January 22, 23, 1974.

The plaintiff-in-error…