State v. Cozart

OPINION

JANICE M. HOLDER, J„

delivered the

opinion of the court,

in which E. RILEY ANDERSON, C.J., and FRANK F. DROWOTA, III, ADOLPHO A. BIRCH, JR., and WILLIAM M. BARKER, JJ„ joined.

We granted review of this case to decide whether a trial court must instruct the jury based upon this Court’s holding in State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). We hold that the trial court properly declined to instruct the jury that it should determine whether the confinement, movement, or detention inherent in the Mdnapping was essentially incidental to the accompanying robbery. Applying the principles first…