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eBook details

• Title: Robert Mclean v. State Tennessee
• Author : Supreme Court of Tennessee
• Release Date : January 25, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

HARBISON, Justice. OPINION Petitioner, Robert McLean, was convicted in the Criminal Court of Sullivan County, Tennessee on
two charges of selling legend drugs, the sales having allegedly occurred on October 23, and November 2, 1972.He received in
each case a fine of $500 and a sentence of confinement in the county jail of eleven months, twenty-nine days. These convictions
were based upon violations of T.C.A. § 52-1204. Petitioner was simultaneously indicted, tried and convicted for
selling a controlled substance in violation of T.C.A. § 52-1432(a) for which he was fined $1000 and sentenced to
serve three years in the state penitentiary. All of the sentences were ordered to run consecutively. Petitioner appealed his convictions to the Court of Criminal Appeals. In a divided decision, the Court of Criminal Appeals
affirmed one conviction of the petitioner for selling a legend drug and affirmed the conviction for selling a controlled substance;
however, it dismissed the second charge of selling a legend drug, upon the ground that this had occurred in one and the same
transaction as the sale of the controlled substance.

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