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IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

FILED
STATE OF TENNESSEE Appellee v. JAMES R. LEMACKS Appellant ) ) ) ) ) ) ) ) ) FOR PUBLICATION July 6, 1999 HUMPHREYS COUNTYCecil Crowson, Jr. Appellate Court Clerk HON. ROBERT E BURCH, JUDGE NO. 01-S-01-9803-CR-00049

DISSENTING OPINION

Because the opinion filed by the Court of Criminal Appeals states the view I take, I respectfully dissent from the view held by the majority of my colleagues and would adopt the opinion of the Court of Criminal Appeals.

______________________________ ADOLPHO A. BIRCH, JR., Justice



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