(DOWNLOAD) "State Tennessee v. Leonard Leon Smith" by at Knoxville Court of Criminal Appeals of Tennessee ~ Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Leonard Leon Smith
- Author : at Knoxville Court of Criminal Appeals of Tennessee
- Release Date : January 24, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
DAUGHTREY, Judge. OPINION In this case Leonard Leon Smith, a Chattanooga fireman, was found guilty of arson in the burning of his own property. The most significant question raised on appeal concerns the admissibility of evidence that the fire was intentionally set, evidence which the defendant claims was secured in violation of his Fourth Amendment rights. Also at issue are the admissibility of certain taped conversations between Smith and his accomplice, Terry Glover; the correctness of the jury instructions; the prosecution's alleged failure to disclose favorable evidence prior to trial; and the trial court's denial of a suspended sentence. After a review of the record, we find no reversible error in connection with these issues. But in addition the defendant has challenged the validity of the jury's verdict, and because we conclude that the jury may have misunderstood the trial court's instruction relative to the sentence to be assessed, we find it necessary to modify that portion of the judgment. On September 30, 1980, fire effectively destroyed a house located at 912 Endicott Street in Chattanooga. Defendant Smith, a captain in the Chattanooga Fire Department, owned the house and had rented it to Terry Glover, a fireman assigned to Smith's command, Engine Company No. 12. A few months before the fire, Smith actually sold the house on Endicott Street to Glover, but when Glover was unable to make the payments, Smith bought it back and once again rented it to Glover.
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