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STATE v. RUSH

50 S.W.3d 424 (2001)

STATE of Tennessee v. Guy William RUSH.

Supreme Court of Tennessee, at Knoxville.

As Amended July 25, 2001.

Attorney(s) appearing for the Case

Mark D. Harris (at trial and on appeal) and Richard A. Spivey (at trial), Kingsport, TN, for the appellant, Guy William Rush.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Daryl J. Brand, Associate Solicitor General, Erik W. Daab, Assistant Attorney General, H. Greeley Wells, Jr., District Attorney General, and Edward E. Wilson, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

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

Guy William Rush was indicted and tried for one count of attempt to commit second degree murder and one count of aggravated assault. On the attempted second degree murder count, the trial court instructed the jury on a number of lesser-included offenses, including attempted voluntary manslaughter; intentional or knowing aggravated assault accompanied...

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