State v. Thomas Boone

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON FILED FEBRUARY 1999 SESSION March 09, 1999

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) NO. 02C01-9805-CR-00146 Appellee, ) ) SHELBY COUNTY VS. ) ) HON. W. FRED AXLEY, THOMAS BOONE, ) JUDGE ) Appellant. ) (Voluntary Manslaughter)

FOR THE APPELLANT: FOR THE APPELLEE:

EDWIN C. LENOW PAUL G. SUMMERS 100 N. Main Building #2325 Attorney General and Reporter Memphis, TN 38103-0523 J. ROSS DYER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493

WILLIAM L. GIBBONS District Attorney General

ROSEMARY ANDREWS Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947

OPINION FILED:

AFFIRMED

JOE G. RILEY, JUDGE OPINION

Defendant appeals as of right from his conviction by a Shelby County jury of

voluntary manslaughter. The sole issue raised is venue. We find venue was

properly established and AFFIRM the judgment of the trial court.

On March 21, 1997, several Collierville Police officers responded to a call at

174 Woodfern Cove, Collierville, Tennessee. Defendant had shot and killed Ellis

L. Morris. Officer Bunker testified that 174 W oodfern Cove is in Collierville. Officer

Flynn testified that Collierville is in Shelby County, Tennessee.

The testimony at trial clearly established venue. See Tenn. Code Ann. § 39-

11-201(e); State v. Hutcherson, 790 S.W.2d 532, 535 (Tenn. 1990). We AFFIRM

the judgment of the trial court.

_____________________________ JOE G. RILEY, JUDGE

CONCUR:

_____________________________ JOHN H. PEAY, JUDGE

_____________________________ JAMES C. BEASLEY, SR., SPECIAL JUDGE