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STATE v. SHELTON

854 S.W.2d 116 (1992)

STATE of Tennessee, Appellee, v. Robert Earl SHELTON, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied March 22, 1993.

Attorney(s) appearing for the Case

Ricky L. Jenkins, Sparta, for appellant.

Charles W. Burson, Atty. Gen., and Kimbra R. Spann, Sp. Asst. Atty. Gen., Nashville, William Edward Gibson, Dist. Atty. Gen., and James Horner and Ben Fann, Asst. Dist. Attys. Gen., Cookeville, for appellee.

OPINION

TIPTON, Judge.

The defendant, Robert Earl Shelton, was convicted by a jury in the White County Criminal Court of second degree murder and was sentenced to twenty-two years in the Department of Correction. He appeals as of right and makes the following contentions:

(1) The evidence was insufficient to show beyond a reasonable doubt that the killing was with malice. (2) The trial court...

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