Kilgore v. State

OPINION

DAUGHTREY, Judge.

The appellant, Lee Roy Kilgore, was indicted and tried for first degree murder in the shotgun slaying of one Freddie Shrum at Kilgore’s home in Marion County, Tennessee. The jury found Kilgore guilty of voluntary manslaughter and fixed his sentence at three to five years imprisonment. Kilgore made no motion for a new trial, filing instead a petition for a suspended sentence, which was denied by the trial judge after a full evidentiary hearing and the submission of a probation report.

The appellant contends that the trial judge abused his discretion in denying probation.…