STATE v. TRUSTY


919 S.W.2d 305 (1996)

STATE of Tennessee, Appellee, v. Wayne M. TRUSTY, Appellant.

Supreme Court of Tennessee, at Jackson.

March 25, 1996.


Attorney(s) appearing for the Case

A.C. Wharton, Jr., District Public Defender and Walker Gwinn, Assistant Public Defender, for Appellant.

Charles W. Burson, Attorney General & Reporter, Michael E. Moore, Solicitor General, William David Bridgers, Assistant Attorney General, John W. Pierotti, District Attorney General, and Judson W. Phillips, Assistant District Attorney General, for Appellee.


OPINION

WHITE, Justice.

The question in this case is whether one indicted for attempted first-degree murder may be convicted of aggravated assault. Aggravated assault, as defined in Tennessee Code Annotated Section 39-13-102, is neither a lesser grade or class of attempted first-degree murder nor a lesser included offense of first-degree murder. Under Tennessee law, a conviction for an unindicted offense that is not a lesser degree of the offense charged...

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