# State v. Thomas

> Tennessee Supreme Court · March 4, 2005 · 158 S.W.3d 361

URL: https://www.frixlaw.com/law-library/cases/9597598

## Case

- **Full name:** STATE of Tennessee v. Andrew THOMAS, Et Al.
- **Court:** Tennessee Supreme Court
- **Decided:** March 4, 2005
- **Citations:** 158 S.W.3d 361
- **Precedential status:** Published
- **Opinion:** Concurring in part by Riley
- **Judges:** Anderson, Riley, Birch, Drowota, Holder, Barker
- **Cited by:** 296 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9597598

## How later opinions describe it (automated extraction)

- concluding that failure to instruct on lesser-included offenses of felony murder was harmless, in part, because the defendant “did not concede that he was involved in the crime, and he did not argue that he was guilty of a lesser-included offense or attempt to establish that h…
- holding that the evidence was sufficient to establish causation where both medical examiners testified to the injuries sustained by the victim from an April 21, 1997 gunshot wound to the head and the impact of these injuries during the intervening period until the victim died …
- concluding that the witness’s “actions in allowing the defendant into her home after the commission of the crimes, going shopping with the stolen money and receiving part of the proceeds for herself, do not make her a principal to the offense of murder or robbery of the victim”
- finding evidence of causation sufficient where both medical examiners testified to the injuries sustained by the victim from an April 21, 1997 gunshot wound to the head and the impact of the gunshot upon the victim during the intervening period until the victim’s death on Octo…
- holding that the State’s position—that an objection to cumulative evidence was waived where no contemporaneous objection was entered at trial— was well taken, but electing to review the issue on the merits

## Opinion text

Joe G. Riley, J.,
concurring in part and dissenting in part.
I agree with the majority opinion in all respects with one exception. The majority opinion concludes the failure of the trial court to charge the lesser-included offense of facilitation of felony murder as to Defendant Bond was not harmless error. I respectfully disagree with this conclusion.
[Deleted]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9597598. Public record. Not legal advice.