State v. Lampkin

OPINION

HARBISON, Chief Justice.

Appellant was indicted in a single count on a charge that he willfully, wantonly, maliciously and feloniously

“ ... did shoot, fire and discharge a gun, calculated to produce death and great bodily harm, at and into an occupied dwelling, to wit: the residence of Mrs. Frank Nipper, which dwelling was then and there occupied by Phyllis A. Blevins and others to the Grand Jurors unknown.”

This indictment charged a violation of T.C.A. § 39-613, conviction of which requires a penitentiary sentence.

At the conclusion of all of the evidence in the case, without objection…