State v. Severs

OPINION

WADE, Judge.

The state appeals as of right the grant of the defendant’s motion to dismiss the charge of first-degree felony-murder.

The sole issue on appeal is whether the trial court erred in its grant of the defendant’s motion to dismiss the charge of felony-murder when the victim of an attempted larceny kills the defendant’s co-perpetrator.

The judgment of the trial court is affirmed.

On May 13, the grand jury for Knox County, Tennessee, returned a two-count presentment against the defendants, Darrell Severs and Clarence Weaver, as follows:

1. Darrell Severs, Clarence Weaver and Thomas…