State of Tennessee v. Anderson Toliver - Concurring

Case Number
E2001-00584-CCA-R3-CD

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.

Authoring Judge
Judge Joseph M. Tipton
Originating Judge
Judge Stephen M. Bevil
Case Name
State of Tennessee v. Anderson Toliver - Concurring
Date Filed
Dissent or Concur
No
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