From Knox County, Hon. Randall E. Nichols, Judge. First Degree Murder.
Permission to Appeal Denied August 5, 1991,
Edgar P. Calhoun, Special Judge. Gary R. Wade, Judge, Joseph N. Tipton, Judge, concur.
The opinion of the court was delivered by: Calhoun
Travis Dyer, the defendant, was convicted by a Knox County jury of murder in the first degree and sentenced to life imprisonment. The state did not contend aggravating factors existed to support capital punishment.
Dyer argues in his appeal as of right that the evidence was legally insufficient to support the offense of murder in the first degree and, also, for the same reason, the trial Judge erred in overruling his post-verdict motion for judgment of acquittal or, in the alternative, for a new trial.
The judgment is affirmed.
Defendant concedes that trial evidence would support the offense of murder in the second degree and that there is no issue of self defense.
The evidence is undisputed except as noted hereafter.
This homicide resulted from an unsuccessful shopping trip for marijuana by defendant, 19 years of age at the time; his sister, Shonda Dyer; and his girlfriend, Gidget Raines. The girls were both seventeen years of age, were runaways, and were living with defendant and William M. Bright at Bright's Knoxville residence. Bright was an adult male who had formerly dated the mother of Gidget Raines.
At about 12:30 a.m., October 9, 1988, the three teen-agers borrowed Bright's automobile and his .38 caliber revolver handgun for their trip to one of the federal housing projects in Knoxville to purchase the drug. At the nearest of the projects, Walter P. Taylor Homes, defendant and the girls made contact with the victim, Ricky Blair, by simply ...