State of Tennessee v. Anderson Toliver - Concurring
This text of State of Tennessee v. Anderson Toliver - Concurring (State of Tennessee v. Anderson Toliver - Concurring) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE September 25, 2001 Session
STATE OF TENNESSEE v. ANDERSON TOLIVER
Appeal from the Criminal Court for Hamilton County Nos. 223083, 223085 Stephen M. Bevil, Judge
No. E2001-00584-CCA-R3-CD December 18, 2001
JOSEPH M. TIPTON, J., concurring.
I concur in the result reached and most of the reasoning used in the majority opinion. However, I would hold that the defendant was entitled to an instruction on attempted aggravated child abuse under the evidence presented. As the majority opinion holds though, under State v. Williams, 977 S.W.2d 101, 106 (Tenn. 1988), the failure to give the instruction was harmless beyond a reasonable doubt.
_____________________________ JOSEPH M. TIPTON, JUDGE
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