Thursday, March 25, 2010

New Supreme Court decision

See State v Swift at the link below.

The defendant was convicted of Agg Robbery. The Court reduced it to aggravated assault and theft. The issue had to do with proximity of the threat of violence and fear to the time of taking the merchandise.

The Court adopted the common law rule requiring that the violence or fear precede or be contemporaneous with the taking. The theft in this case occurred a couple minutes prior to trying to leave the store, when he was confronted and pulled a knife.

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/101/SC%20State%20v%20Kevin%20Swift%20opn.pdf

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