State of Tennessee, Appellee v. Wayne M. Trusty, Appellant

Summary

The court held that a defendant indicted for attempted first-degree murder may not be convicted of aggravated assault because aggravated assault is neither a lesser grade or class nor a lesser included offense of the charged crime. The indictment did not allege aggravated assault's essential elements, and the conviction therefore violated notice and due-process requirements regardless of whether the evidence supported it. The court reversed the intermediate appellate judgment, set aside the conviction, and dismissed the case.