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State v. Legg12/20/1999
See State v. Burns, __ S.W.3d __ (Tenn. 1999). In this case, the appellee is not entitled to such an instruction because he has not shown that the proof is legally sufficient to support a conviction in Tennessee on the charges of assault or aggravated assault.
Unlike aggravated kidnapping, the elements of the crime of assault do not contemplate a continuing course of conduct. See Tenn. Code Ann. §§ 39-13-101 to -102 (1997). Rather, the crime itself contemplates that it is consummated or completed the moment bodily injury occurs. Because there was no proof that any bodily injury occurred in Tennessee, the evidence was legally insufficient to support a conviction in this state for assault or aggravated assault based upon bodily injury. See generally Burns, __ S.W.3d __. Therefore, we hold that the appellee was not entitled to an instruction on assault or aggravated assault even if those offenses were lesser-included offenses of especially aggravated kidnapping.
CONCLUSION
To summarize, we hold that Tennessee Code Annotated section 39-11-103(b)(1) permits the exercise of territorial jurisdiction over continuing offenses when at least one element of the offense is continued and therefore committed in Tennessee. We also hold that the General Assembly intended for the crime of aggravated kidnapping to punish a continuing course of conduct and that the State introduced evidence sufficient for the jury to conclude that at least one essential element of that offense was committed in Tennessee. Therefore, we reverse the judgment of the Court of Criminal Appeals holding that the State lacked territorial jurisdiction in this case. Finally, we hold that the appellee was not entitled to a jury instruction on assault or aggravated assault because the evidence was legally insufficient to support a conviction in Tennessee. This case is remanded to the Giles County Circuit Court for reinstatement of the appellee's conviction and sentence for aggravated kidnapping.
Costs of this appeal are assessed to the appellee, Jimmy Legg, for which execution shall issue if necessary.
WILLIAM M. BARKER, JUSTICE
CONCUR: ANDERSON, C.J. DROWOTA, BIRCH, HOLDER, JJ.
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