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STATE v. LEMACKS

996 S.W.2d 166 (1999)

STATE of Tennessee, Appellant, v. James R. LEMACKS, Appellee.

Supreme Court of Tennessee, at Nashville.

July 6, 1999.

Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Daryl J. Brand, Senior Counsel, Assistant Attorney General, Nashville, for Appellant.

J.P. Bradley, Waverly, for Appellee.

OPINION

BARKER, Justice.

We granted this appeal by the State of Tennessee to address the issue of jury unanimity in cases where the State relies on alternative theories of guilt to convict an accused under a single count indictment. In this case, the appellee, James Lemacks, was charged with driving under the influence of an intoxicant (DUI). The trial court instructed the jury that it could convict the appellee of DUI based upon evidence that he operated...

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