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• W2753498980 abstract "Jubal Carson, the defendant, and two co-defendants, Aaron Gary and Alton Stover, met to discuss robbing Jim and Dave's TV Repair store in Knoxville, Tennessee.1 Carson was familiar with the layout of the store, and he told the co-defendants where a large sum of money was located in a back room. Carson then gave each codefendant a handgun, and the three men drove to the store. While Carson waited in the car, Gary and Stover entered the store pretending to be customers who needed repairs made to their portable stereo system. Subsequently, they held two employees, James Adams and Dave McGaha, at gunpoint, forcing them into a back room.2 After binding the two employees with a telephone cord, Gary and Stover shut the door and left, telling the victims not to try to free themselves.3 They then fired three shots through the office door, almost hitting the victims. Police officers approached Gary and Stover as they were leaving the store, and the co-defendants exchanged shots with the officers as they fled the scene on foot. Eventually, the police found and arrested all three men.4 While all three of the defendants were charged, Carson's codefendants pled guilty and testified at trial.5 Although Carson did not testify, he made a statement to the police admitting that he had driven Gary and Stover to the scene.6 The trial record indicated that Carson planned the robbery, diagramed the layout of the building, and furnished the guns.7 The jury convicted Carson of aggravated robbery, aggravated assault against Adams, aggravated assault against McGaha, and felony reckless endangerment. The court of criminal appeals affirmed.8 The defendant argued on appeal to the Tennessee Supreme Court that the evidence was insufficient to sustain the convictions because he lacked the requisite culpable mental state for the offenses of aggravated assault and felony reckless endangerment. The State, however, insisted that the defendant was criminally responsible for those additional offenses because they were a natural and probable consequence of the robbery in which Carson was an accomplice.9 The Tennessee Supreme Court held, affirmed.'o Under the current Tennessee Code, the common law rule - that a defendant who aids and abets a co-defendant in the commission of a criminal act is liable for any crime committed by the co-defendant that is a natural and probable consequence of the crime originally aided and abetted - is applicable. State v. Carson, 950 S.W.2d 951 (Tenn. 1997). Several people may play distinct roles before, during, and after the commission of a criminal offense. They are collectively known as parties to the crime.ll The common law classified the parties to a felony in four categories: (1) principal in the first degree; (2) principal in the second degree; (3) accessory before the fact; and (4) accessory after the fact.2 A principal in the first degree was the criminal actor, the one who engaged in the act with the requisite mental state. 13 In order to have been a principal in the second degree, a person must have been present at the commission of a criminal offense and have aid[ed], counsel[ed], command[ed], or encourage[d] the principal in the first degree in the commission of that offense.'4 The principal in the second degree differed from the accessory before the fact only in that the accessory before the fact's presence was not required. 15 The most significant limitation to convicting an accessory at common law was that the conviction of the principal was an absolute prerequisite.'6 In the mid-1800s, jurisdictions in the United States began abandoning the distinction between principals and accessories and started treating these two parties to a felony in the same manner.7 Today, almost all states have eliminated the distinction between principals and accessories before the fact. ls They allow an accomplice to be convicted even if the principal has not been prosecuted or convicted, and also allow conviction of the accomplice if the principal has been acquitted or has been convicted of a different offense. …" @default.
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• W2753498980 date "1998-10-01" @default.
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• W2753498980 title "Criminal Law-State V. Carson: A Misguided Attempt to Retain the Natural and Probable Consequence Doctrine and Accomplice Liability under the Current Tennessee Code" @default.
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