State v. Gribble

OPINION

SCOTT, Judge.

This is an appeal by the state from an order of the trial court refusing to accept jurisdiction over a juvenile charged with murder in the first degree. The single narrow issue is whether a juvenile is triable as an adult for felony-murder when he is not amenable to trial as an adult for the underlying felony, to-wit: burglary in the third degree. The trial judge held that he is not. We hold that he is.

*197On the date of the alleged offense (February 4,1982) TCA § 37-234(a)(l) provided: *(a) After a petition has been filed alleging delinquency based on conduct which is…