IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JUNE SESSION, 1998
FILED
STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9710-CR-00406
) December 21, 1998
Appellee, )
) Cecil Crowson, Jr.
Appellate C ourt Clerk
) SHELBY COUNTY
VS. )
) HON. JOSEPH B. DAILEY
ANTONIO L. SAULSBERRY ) JUDGE
& FRANKLIN C. HOWARD, )
)
Appellants. ) (First Degree Murder; Aggravated
) Rob bery)
OPINION DISSENTING IN PART
The eviden ce in th is case would unqu estion ably be sufficient to supp ort a
conviction of Defenda nt Howard for felony murder in the first degree. His guilt of
felony murder would obviously be predicated on his participation in the
aggravated robbery.
As I understand our law, to convict Howard of premeditated first degree
murder would require proof that he acted with the intent to assist the sh ooter in
the commission of the premeditated and intentional first degree murder of the
victim. I agree with the majority that Howard cannot escape criminal
respon sibility for premeditated murder by “claiming he did not share the criminal
intent or premeditation with the actual triggerma n.” Our law m andates, ho wever,
that Howard escape criminal responsibility for premeditated murder unless the
State proves beyond a reasonable doub t that Howard did share the sh ooter’s
criminal intent for premeditated and intentional murder. I do not find this pro of in
the record. I also cannot agree that a premeditated murder is a natural and
probable co nsequen ce of an esp ecially aggravated robbery.
I mus t therefo re resp ectfully dissen t from th e ma jority’s conclusion that the
evidence is sufficient to support Defendant Howard’s conviction of premeditated
first degree mu rder. In all other respec ts, I concur.
____________________________________
DAVID H. WELLES, JUDGE
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