STATE v. FITZ


19 S.W.3d 213 (2000)

STATE of Tennessee v. Tony FITZ.

Supreme Court of Tennessee, at Jackson.

April 10, 2000.


Attorney(s) appearing for the Case

Frank Deslauriers, Covington, Tennessee, for the appellant, Tony Fitz.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; and Peter Coughlan, Assistant Attorney General, Nashville, Tennessee (On Appeal); and Elizabeth T. Rice, District Attorney General and Walt Freeland, Assistant District Attorney General, Somerville, Tennesseee (At Trial), for the appellee, State of Tennessee


OPINION

ANDERSON, C. J., delivered the opinion of the Court, in which DROWOTA, BIRCH, HOLDER, and BARKER, JJ., joined.

A jury convicted the defendant of robbery, which is statutorily defined as the "intentional or knowing theft of property from the person of another by violence or putting the person in fear." On appeal to the Court of Criminal Appeals, the defendant argued that his indictment alleged only robbery by violence, that the victim testified that...

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