David K. Duchac and Billie G. Robinson, Plaintiffs-In-Error v. State of Tennessee, Defendant-In-Error

Summary

The Tennessee Supreme Court reversed the Court of Criminal Appeals and reinstated both convictions of Duchac and Robinson for third degree burglary and for carrying burglarious instruments. Rejecting the lower court's 'same transaction' approach, the court held that Tennessee follows the 'same evidence' test for double jeopardy identity of offenses, and because neither offense requires proof of any fact the other does not, both convictions may stand despite arising from a single episode. The court then resolved the previously pretermitted sufficiency question, holding the evidence showed constructive possession (effective control) of a cutting torch, prybar and flashlight, that the tools were capable of burglarious use, and that only a broad general unlawful intent was required. A petition to rehear raising the same arguments was denied.