State Tennessee v. John Wesley Duffel and by Court of Criminal Appeals of Tennessee

Book Review : State Tennessee v. John Wesley Duffel and

By Court of Criminal Appeals of Tennessee

  • Publication Date: 1981-09-22
  • Genre: Law

Book Review

WALKER, Presiding Judge. OPINION John Wesley Duffel, Randall Lee McAdams, and William Black were convicted in the Criminal Court of Davidson County of second degree burglary and grand larceny and in accordance with the verdict each was sentenced to not less than 12 and one-half nor more than 15 years for the burglary and not less than six nor more than ten years' imprisonment for the larceny. The trial Judge ordered Duffel's sentences to be served consecutively. In addition, after the second stage of the bifurcated trial, Duffel was found to be an habitual criminal and his punishment was enhanced to life imprisonment. Black waived his appeal in the trial court. McAdams filed notice of appeal on January 13, 1981. To this date he has taken no further action with regard to his appeal. Accordingly, the state's motion to dismiss McAdams' appeal is hereby granted. Duffel now appeals to this court. In the first issue presented for review, the appellant attacks the sufficiency of the evidence with regard to his convictions for burglary and larceny. The state's proof, which the jury accredited showed that on April 18, 1980, at approximately 8:15 a.m., the appellant, along with Randall McAdams and William Black, drove into the driveway of Mr. and Mrs. Robert Morris' home on Pettus Road in Davidson County. The appellant and McAdams got out of the car and ran behind the Morris home and Black drove away in the car. Kenneth Turner, one of the Morris' neighbors, saw the suspicious activity and he called the Metropolitan Police Department. Before the police arrived, however, Black returned, backed the car into the driveway, and remained in it. Soon thereafter a police officer arrived. The police officer ordered Black out of the car and handcuffed him to a truck which was also parked in the driveway. At this time the appellant and McAdams ran out of the garage and attempted to escape. Turner, who had armed himself, and the officer both fired several shots at the appellant and McAdams and both were captured at the scene. A .32 caliber revolver and an Eisenhower one-dollar coin were found in appellant's possession. Two Eisenhower one-dollar coins, a hunting knife with a brown handle, two ladies watches and several.38 caliber shells were found on McAdams. Later, a .38 caliber revolver was found in the grass near the area in which McAdams was finally captured. Two license plates, one covering the other, were found on the car in which the three men arrived and a .22 caliber revolver was found inside the car.

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