Larry Keaton v. State

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED APRIL SESSION, 1998 August 18, 1998 Cecil W. Crowson Appellate Court Clerk LARRY JUNIOR KEATON, ) C.C.A. NO. 01C01-9704-CR-00146 ) Appe llant, ) ) DEKALB COUNTY V. ) ) ) HON. LEON BURNS, JR., JUDGE STATE OF TENNESSEE ) ) Appellee. ) (POST -CON VICTIO N) CONCURRING OPINION Except for the conclusion that the failure to instruct a lesser included offense is not a constitutional abridgement, I concur entirely with the majority opinion. The trial judge has a duty to give the complete charge of the law applicable to the facts of each…