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eBook details

• Title: State Tennessee v. Walter Louis Hicks
• Author : At Nashville Court Of Criminal Appeals Of Tennessee
• Release Date : January 23, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

The appellant-defendant, Walter Louis Hicks, was indicted for assault with intent to commit murder in the stabbing of one Larry D. Odum. He was convicted of the lesser offense of assault with intent to commit voluntary manslaughter, receiving a sentence of two to five years imprisonment. On appeal Hicks challenges the sufficiency of the evidence to support the jurys verdict; he complains of the trial Judges failure to order production of the defendants pretrial statements under Rule 16(a)(1)(A), Tennessee Rules of Criminal Procedure; and he insists that improper comments made by the prosecuting attorney during trial entitle him to a new trial. Our review of the record convinces us that the States failure to permit the defendant access to his pretrial statement, coupled with certain highly unprofessional and, in some cases, unduly prejudicial comments by the prosecutor, deprived the defendant of a fair trial. Since we cannot say to what extent these matters affected the jurys determination of guilt (as opposed to the assessment of punishment) in this case, we conclude that the judgment must be reversed and the case remanded for a new trial.

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