State v. Cabbage
- Decided
- October 10, 1978
- Status
- Published
- Jurisdiction
- Tennessee
Cited 3,699 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (8 of 118 verified; none is a verified overruling) · State of Tennessee v. Calvin Ellison
What later courts said
- holding that the State is entitled to all reasonable and legitimate inferences which may be drawn from the proof — State v. Johnny McClain (2010)
- holding that, on appeal, the State is entitled to the strongest legitimate view of the evidence and all reasonable or legitimate inferences which may be drawn therefrom — State of Tennessee v. Stephen Wayne Davis (2013)
- stating that on appeal, the state is entitled to the strongest legitimate view of the evidence and all reasonable or legitimate inferences which may be drawn therefrom — State of Tennessee v. Claude Francis Garrett (2005)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION HARBISON, Justice.
Respondent, Billy Wayne Cabbage, was convicted of selling and delivering a Schedule II controlled substance in violation of T.C.A. § 52-1432(a)(1)(B) and received a sentence of not less than five nor more than seven years in the state penitentiary. Upon post-trial motion, the trial judge approved the verdict and overruled all assignments of error.
The Court of Criminal Appeals, however, reversed the conviction, finding that the evidence preponderated against the verdict, and remanded the case for a new trial. It found that the testimony of respondent and of an alibi witness who corroborated him outweighed the testimony of the undercover agent for the State, whose evidence was otherwise conceded to be sufficient to support the conviction.
Cite this
State v. Cabbage, 571 S.W.2d 832 (1978)Read the full opinion
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