STATE v. ROGERS


992 S.W.2d 393 (1999)

STATE of Tennessee, Appellee, v. Wilbert K. ROGERS, Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied June 21, 1999.


Attorney(s) appearing for the Case

Walker Gwinn, Assistant Public Defender, W. Mark Ward, Assistant Public Defender, Tony N. Brayton, Assistant Public Defender (Trial Only), Memphis, for the Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Todd R. Kelley, Assistant Attorney General, Nashville, William L. Gibbons, District Attorney General, Amy Weirich, Assistant District Attorney General, Memphis, for the Appellee.


OPINION

DROWOTA, J.

The sole issue in this appeal is whether the common law year-and-a-day rule is currently a viable principle of criminal law in Tennessee. The defendant argued in the Court of Criminal Appeals that his conviction for second degree murder should be set aside because the victim's death did not occur within a year and one day of the fatal stab wounds. The Court of Criminal Appeals rejected the defendant's argument and affirmed his conviction...

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