CB State v. Thornton - State v Thornton 730 S.W.2d 309(Tenn...

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State v. Thornton 730 S.W.2d 309 (Tenn. 1987) Fact: Procedural Facts: Operative Facts: Mr. Thornton found his wife and another man (Mark McConkey) engage in sexual relations in his house. He shot at McConkey and hit him in the hip, where he died 16 days later due to a massive infection from the bullet wound. At the time of the shooting, Mr. Thornton was trying to save their marriage, by going to marriage counseling, and the wife mentioned that she was going to “date” which she meant “have sexual relationship with.” Mr. Thornton didn’t know, and when he saw them in bed, he took photos, until the guy seemed like he was about to attack him, so he shot him, in a non-vital spot, (left thigh). Underwent therapy after the shooting, and tried to take his life after the victim died. Self- defense and insanity were not defenses that he could take. But heat of passion was. Issue: Broad Question: Narrow Question: Does Mr. Thornton have a heat of passion defense? Rule:
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