State v. Davis

OPINION

DROWOTA, Justice.

I

We granted certiorari in this case to clarify Tennessee law as to whether a defendant can be separately convicted and punished for burglary and grand larceny when the offenses arise out of the same criminal episode. Questions of procedure are also raised.

The defendant was arrested in the act of aiding the burglary and larceny of an auto parts store in Williamson County. The indictment contained only a single count, charging him with both burglary and larceny. The trial judge charged the jury with the elements of each offense, and added:

You may find the defendant…