Key v. State

OPINION

HENRY, Chief Justice.

We granted certiorari to consider the question of whether a criminal defend ant is subject to the enhanced punishment provisions of Sec. 39-901, T.C.A., 1 where his accomplice was armed and the defendant was unarmed, in the absence of proof that he knew his accomplice had a firearm in his possession. We respond in the negative.

I

Petitioner was convicted of “armed burglary” 2 and of being an habitual criminal under Sec. 40-2801, T.C.A. Petitioner does not appeal the determination of habitual criminal “status”, Pearson v. State, 521 S.W.2d 225 (Tenn.1975); and, in…