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STATE v. PARKER

No. E2008-02541-SC-R11-CD.

350 S.W.3d 883 (2011)

STATE of Tennessee v. Joshua Lynn PARKER.

Supreme Court of Tennessee, at Knoxville.

September 23, 2011.

Attorney(s) appearing for the Case

Edward C. Miller , District Public Defender, and Keith E. Haas , Assistant Public Defender, for the appellant, Joshua Lynn Parker.

Robert E. Cooper, Jr. , Attorney General & Reporter; Gordon W. Smith , Associate Solicitor General; Matthew Bryant Haskell , Assistant Attorney General; and Al Schmutzer, Jr. , District Attorney General Pro Tempore, for the appellee, State of Tennessee.

OPINION

CORNELIA A. CLARK, C.J., delivered the opinion of the Court, in which JANICE M. HOLDER, GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted this appeal by the State to determine if the defendant's conviction of second degree murder should be affirmed pursuant to State v. Mellons, 557 S.W.2d 497 (Tenn.1977), despite insufficient evidence to support it. We hold that Mellons

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