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State v. Millette2/15/2002
certain if he was driving, but where in any event, he gave keys to co-defendant ); Williams v. State, 352 S.W.2d 230, 230 (Tenn. 1961) (owner of and passenger in vehicle convicted as an accomplice where he had no valid licence and had friend drive).
The State also argues that the trial court erred in its opinion and order, finding insufficient evidence on the charge of aiding in a DUI, death resulting, when in fact, defendant was charged with aiding in a DUI. Because we find that there was insufficient evidence to establish beyond a reasonable doubt that defendant aided in the commission of a DUI, the trial court's error in referring to "DUI, death resulting" is harmless.
Affirmed.
Jeffrey L. Amestoy, Chief Justice
John A. Dooley, Associate Justice
James L. Morse, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
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