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KEY v. STATE

563 S.W.2d 184 (1978)

Jimmie Lee KEY, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

March 13, 1978.

Attorney(s) appearing for the Case

J. Anthony Brown, Knoxville, for petitioner.

Brooks McLemore, Jr., Atty. Gen., Linda R. Butts, Asst. Atty. Gen., Nashville, Ronald A. Webster, Dist. Atty. Gen., John W. Gill, Jr., Asst. Dist. Atty. Gen., Knoxville, for respondent.

OPINION

HENRY, Chief Justice.

We granted certiorari to consider the question of whether a criminal defendant is subject to the enhanced punishment provisions of Sec. 39-901, T.C.A.,1 where his accomplice was armed and the defendant was unarmed, in the absence of proof that he knew his accomplice had a firearm in his possession. We respond in the negative.

I.

Petitioner...

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