STATE v. HORNSBY


858 S.W.2d 892 (1993)

STATE of Tennessee, Plaintiff-Appellant, v. Keith Ray HORNSBY, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

July 6, 1993.


Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, Kimbra R. Spann, Asst. Atty. Gen., Nashville, for plaintiff-appellant.

Hal Gerber, Lewie R. Polk, III, Gerber Law Offices, Memphis, for defendant-appellee.


OPINION

DROWOTA, Justice.

The State has appealed from a judgment of the Court of Criminal Appeals reversing and dismissing, on the basis of the "physical facts rule," the convictions of Keith Hornsby, Defendant-Appellee, for vehicular homicide and reckless driving. We granted the State's Rule 11 application to decide whether the "physical facts rule" is applicable to a criminal case and, if so, whether it should have been applied to the facts presented here...

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