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STATE v. SEVERS

759 S.W.2d 935 (1988)

STATE of Tennessee, Appellant, v. Darrell SEVERS, Alias and Clarence Weaver, Alias, Appellees.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied November 7, 1988.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. and Reporter, Janice Bossing, Asst. Atty. Gen., Nashville, William E. Dossett, Dist. Atty. Gen., William H. Crabtree, Asst. Dist. Atty. Gen.; Knoxville, for appellant.

Ronald P. Smith, Knoxville, for appellee Severs.

Douglas A. Trant, Knoxville, for appellee Weaver.

Permission to Appeal Denied by Supreme Court November 7, 1988.

OPINION

WADE, Judge.

The state appeals as of right the grant of the defendant's motion to dismiss the charge of first-degree felony-murder.

The sole issue on appeal is whether the trial court erred in its grant of the defendant's motion to dismiss the charge of felony-murder when the victim of an attempted larceny kills the defendant's coperpetrator.

The judgment of the...

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