Penley v. State

OPINION

OLIVER, Judge.

Penley and Brumley appealed their Greene County third degree burglary convictions and three-year penitentiary sentences to this Court. We affirmed on September 23, 1971 and the Supreme Court denied certiorari on December 20, 1971. (Brumley v. State, Tenn.Crim.App., 475 S.W.2d 180.) The record of that case, which we may notice judicially (State ex rel. Leighton v. Henderson, 1 Tenn.Cr.App. 598, 615, 448 S.W.2d 82), shows that our Supreme Court’s procedendo issued to the trial court on January 12, 1972, during the term of the Greene County Criminal Court which began on…