State v. Williams

854 S.W.2d 904, 1993 Tenn. Crim. App. LEXIS 107
CourtCourt of Criminal Appeals of Tennessee
DecidedFebruary 19, 1993
StatusPublished
Cited by4 cases

This text of 854 S.W.2d 904 (State v. Williams) 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.

Bluebook
State v. Williams, 854 S.W.2d 904, 1993 Tenn. Crim. App. LEXIS 107 (Tenn. Ct. App. 1993).

Opinion

OPINION

WHITE, Judge.

Billy Williams, the appellant, was tried by a Sullivan County jury for knowingly carrying a loaded pistol inside a General Sessions courtroom while court was in progress in violation of Tennessee Code Annotated Section 39-17-1306. Upon conviction, appellant was sentenced as a range one standard offender to one year to be served concurrently with his other sentences.

The appellant challenges the sufficiency of the evidence, the failure to instruct on a lesser included offense, and the sufficiency of the indictment. For the reasons stated, the judgment of the trial court is affirmed.

On July 6, 1990, appellant appeared in General Sessions Court in Sullivan County before the Honorable Duane Snodgrass. After a conversation with the judge, appellant turned to leave the courtroom. Tennessee Highway Patrolman Wesley Mays noticed the outline of a pistol in appellant’s right rear pocket and advised the judge that appellant had a gun. The judge directed the trooper to arrest appellant. Trooper Mays, Kingsport Police Officer Susan Odum, and courtroom bailiff Spencer Fletcher followed appellant,1 and removed a loaded .25 caliber semi-automatic pistol from his right rear pocket. Appellant was arrested and eventually indicted by a Sullivan County Grand Jury for carrying arms in a judicial proceeding in violation of Tennessee Code Annotated Section 39-17-1306.

Appellant filed a motion to dismiss challenging the sufficiency of the indictment. The court heard argument and denied the motion.2

At trial, Judge Snodgrass, Tennessee Highway Patrol Office Mays, police officer Odum, and bailiff Fletcher testified. The defendant moved for a judgment of acquittal because no witness saw the actual pistol inside the courtroom. The trial judge denied the motion. The defendant rested without offering any proof and requested that the court instruct the jury regarding Tennessee Code Annotated Section 39-17-1307.

Appellant challenges the sufficiency of the evidence which supports his conviction. A jury verdict which is approved by the trial judge resolves all conflicts in favor of the state, removes the presumption of innocence, and replaces it with a presumption of guilt. State v. Williams, 657 S.W.2d 405, 410 (Tenn.1983). Thus, on appeal the state is entitled to the strongest legitimate view of the evidence and all reasonable inferences which may be drawn therefrom. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978). This court views the evidence to determine whether any reasonable trier of fact could have found the essential elements of the crime beyond a reasonable doubt and sets aside the convic[906]*906tion only if the evidence is not sufficient to support the trier’s finding. Tenn.R.App.P. 13(e); Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

A review of this record establishes more than ample evidence to support the appellant’s conviction. An experienced state trooper who served as a firearms instructor observed the outline of a pistol in appellant’s rear pocket while appellant was in a judicial proceeding. Within seconds, appellant was stopped in the hall and the loaded pistol was removed from his pocket. A witness, who observed appellant from the time he left the courtroom until his apprehension, saw no one hand him the pistol in the few seconds it took him to walk down the hallway. A reasonable trier of fact could conclude on these facts that the loaded pistol was in appellant’s rear pocket when he appeared in the General Sessions Court. Thus, appellant's challenge to the sufficiency of the evidence is without merit.

In his second assignment of error, appellant urges that the trial court erred in not instructing the jury to consider the lesser included offense of carrying arms with the intent to go armed, a misdemeanor under Tennessee Code Annotated Section 39-17-1307. It is the duty of the trial judge to instruct the jury as to the law of all offenses included in the indictment. Tenn.Code Ann. § 40-18-110(a) (1990). A trial judge is not required to charge lesser included offenses if the proof clearly shows that the accused committed the greater offense. State v. Moffett, 729 S.W.2d 679 (Tenn.Crim.App.1986), perm, to appeal denied (Tenn.1987).

Here appellant relies on Strader v. State for his position that the trial judge must advise the jury of all lesser included offenses. This reliance is misplaced. Strader clearly holds that lesser included instructions are only required when “the evidence, upon any view the jury may take of it, permits an inference of guilt as to such lesser included offenses.” Strader v. State, 210 Tenn. 669, 362 S.W.2d 224, 228 (Tenn.1962).

The indictment alleges that appellant carried the weapon with the intent to go armed, an element of the lesser included offense but not of the charged offense.3 It also alleges that the carrying took place during judicial proceedings, an element of the charged but not the lesser included offenses. The better practice may have been to charge both offenses embraced within the indictment. However, here the evidence clearly shows that appellant committed the greater offense contained in Tennessee Code Annotated Section 39-17-1306. Therefore, there is no error in failing to charge the lesser one. See e.g., State v. Moffett, 729 S.W.2d 679, 681 (Tenn.Crim.App.1986), perm. to appeal denied (Tenn.1987); Martin v. State, 497 S.W.2d 583, 586 (Tenn.Crim.App.), cert. denied (Tenn.1973); Walker v. State, 544 S.W.2d 905, 907 (Tenn.Crim.App.), cert. denied (Tenn.1976).

In explaining this exception to a predecessor to the jury instruction statute, the Supreme Court in Good v. State, 69 Tenn. 293 (1878), elaborated:

This is a wise statute made for the protection of the accused in all cases in which the facts may demand its application. Its purpose is to secure the defendant the benefit of all the law applicable to the facts of his case, without any request on his part. It was not intended, however, to call from the court a charge upon hypothetical questions not suggested by the proof.
When it is clear that the grade of offense charged is proved, to charge the law pertaining to such lesser grades would simply tend to confuse and mislead the jury, and often result in verdicts inadequate to the crime actually committed. ...
When the offense charged is beyond controversy made out and is complete, it is the duty of the court to confine its charge to such case ... [so] that the jury may be enabled to decide intelligently the [907]*907single question presented and not be mystified by abstractions.

Id.

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Cite This Page — Counsel Stack

Bluebook (online)
854 S.W.2d 904, 1993 Tenn. Crim. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-tenncrimapp-1993.