State v. Staggs

OPINION

HENRY, Justice.

We granted certiorari in this criminal action in order to consider our general attempt statute, Sec. 39-603, T.C.A., in the context of an indictment and conviction for assault with intent to commit robbery with a deadly weapon as proscribed by Sec. 39-607, T.C.A. Our primary concern stems from the holding of the Court of Criminal Appeals that the trial judge erred in failing to charge upon an attempt to commit a felony, under Sec. 39-603, T.C.A. We are presented with an issue of first impression in this jurisdiction.

Pursuant to its finding of guilt the jury fixed…