IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

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

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