# Sparkman v. State

> Court of Criminal Appeals of Tennessee · February 12, 1970 · 469 S.W.2d 692

URL: https://www.frixlaw.com/law-library/cases/9777641

## Case

- **Full name:** Robert T. SPARKMAN, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error
- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** February 12, 1970
- **Citations:** 469 S.W.2d 692
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Oliver, Walker
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9777641

## Opinion text

ON PETITION TO REHEAR
The defendant has filed a courteous and dignified petition to rehear, the material *699 substance of which is that in its original opinion the Court decided the case incorrectly.
The petition to rehear clearly states that we fairly recited the material evidence introduced at the trial of this case and that we considered the defendant’s Assignments of Error.
A petition to rehear which points out no matter of law or fact overlooked by the Court, and only seeks to re-argue matters which counsel insists were improperly decided, presents no ground for a rehearing. The office of a petition to rehear is to bring to the attention of the Court matters of law or fact improvidently overlooked, not matters which counsel supposes were decided incorrectly. City of Paris v. Paris-Henry County Public Utility District, 207 Tenn. 388 , 340 S.W.2d 885 ; Flippen v. State, 211 Tenn. 507 , 365 S.W.2d 895 ; Sims v. State, Tenn.Crim.App., 448 S.W.2d 93 ; Rule 32, Rules of Supreme Court of Tennessee.
This petition must be denied.
WALKER, P. J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9777641. Public record. Not legal advice.