State v. Thomas

OPINION

DROWOTA, Justice.

We granted review in this case to consider the application of the penalty enhancement provision for felonies committed with a firearm, T.C.A. § 39-4914, to the defendant’s conviction on two counts of criminal sexual conduct in the first degree. T.C.A. § 39-3703 (Cum.Supp. 1978). In addition, this case raises a question regarding the basis of criminal liability when a person forces innocent parties to engage in sexual conduct but does not himself physically participate in the conduct.

According to the undisputed testimony at trial, the defendant drew his gun on a married…