Vanderbilt Law Review

First Page



1. Homicide. A number of years ago the Tennessee Supreme Court adopted the common law principle that one is justified in taking life in defense of his habitation when actually or apparently necessary to repel an attempt by another to enter forcibly or violently under circumstances creating a reasonable apprehension that the assailant's design is imminently to commit a felony therein or to assault or offer personal violence or inflict personal injury on an inmate so that there are reasonable grounds for concluding that life is endangered or great bodily harm is threatened thereby.'

Flippen v. State, a homicide case, presents interesting problems as to parties and omission to act. The supreme court there affirmed convictions of involuntary manslaughter for the conduct of two individuals in connection with an automobile collision causing the death of a third person.

2. Attempt or Solicitation To Commit Murder. The Tennessee statute on attempt to commit a felony provides in pertinent part that" if any person.., attempt to commit, any felony or crime punishable by imprisonment in the penitentiary, where the punishment is not otherwise prescribed, he shall, on conviction, be punished by imprisonment in the penitentiary not exceeding five (5) years ....