State v. Black

While I concur in the ultimate holding that Black was guilty of two separate and distinct offenses, I respectfully dissent from the remainder of the opinion.

The majority opinion of the Court of Criminal Appeals proceeds upon the assumption that reversal is demanded by the ruling of this Court in Acres v. State, 484 S.W.2d 534 (Tenn.1972).

Judge Robert K. Dwyer concurred in the results, but not the reasoning, of Judge Galbreath’s majority opinion. Judge Dwyer reasoned that since the elements of force and violence were involved in both offenses, there could be but one punishment and concluded…