Tennessee Supreme Court

State of Tennessee v. Walter Lee Allen

February 22, 20022002 Tenn. LEXIS 76

Summary

The Tennessee Supreme Court held that pointing a gun at a robbery victim satisfies the statutory element of "violence," so no variance existed between the indictment and the proof, and it reversed the conviction because the trial court erred by failing to instruct the jury on facilitation of robbery, a reversible error that was not harmless. Justice Birch dissented, arguing the evidence did not support a facilitation instruction.