Supreme Court Affirms Robbery, Reverses Burglary Conviction In Candy Man Case

Thursday, January 2, 2014

The Tennessee Supreme Court ruled Monday that Marcus Pope, who committed a robbery after being invited inside the Memphis residence of Carl Brown, could not also be convicted of a burglary. 

In August of 2010, Brown, known as the “Candy Man,” sold snacks and soft drinks through a window of his residence. He recognized Pope as a regular customer and, because of the hot weather, invited him and an unidentified companion inside.

The two men then attacked Brown and stole money that was in his pocket, as well as other items in the residence. Because neither Pope nor his companion had in any way deceived Brown in order to gain entry to the residence, the Supreme Court held that the state statute did not permit a conviction for burglary. 

Tennessee law makes a distinction between burglary – a theft after unauthorized entry into a place where someone resides – and robbery – a theft from a person. 

Pope, who is serving a 10-year sentence for the robbery, may be retried for the lesser offenses of aggravated criminal trespass or criminal trespass, both misdemeanors. 

To read the opinion in State of Tennessee v. Marcus Pope, authored by Chief Justice Gary R. Wade, visit the Opinions section of TNCourts.gov.

State Representative Kevin Brooks Encourages Residents To Utilize Annual Sales Tax Holiday

With the beginning of a new school year right around the corner, State Representative Kevin Brooks is encouraging the families who live in House District 24 to utilize the state’s annual sales tax holiday to save on items such as clothing, school and art supplies, as well as computer purchases.   The state’s annual Tax Free Weekend is set for July 28-30. It begins at 12:01 ... (click for more)

Photo Gallery: Pinnacle Financial Partners Opens New Office On Shallowford Road In East Hamilton County

Woman Arrested In Murder Of Eric Burchfield In Hixson; Mother Of Victim Said, "Ember Killed Him"

A woman has been arrested in the murder of 28-year-old  Eric Burchfield i n Hixson early Friday morning. Police identified her as Ember Lee Cash Elm. She was booked as Emily Leanne Brooks Johnson, 26, of 4024 Woodmont Dr. At 3:25 a.m., Chattanooga Police responded to a person who had been shot at the Kangaroo Express at 4849 Hixson Pike. Officers were on ... (click for more)

Bradley County Sheriff Eric Watson Booked At County Jail; Says He Is Not Guilty

Bradley County Sheriff Eric Watson was booked at the Bradley County Jail Friday morning. He faces six separate charges of altering/falsifying/forging a title plate assignment. Sheriff Watson, a former state legislator, posted a $30,000 bond. He issued this statement, "For more than a year, I have confronted numerous accusations from some who desire to have more control ... (click for more)

Do Something To Protect Our Children

It is unconscionable in this day and age that these children had to exist in such deplorable conditions and that an innocent baby suffered and died alone in a locked car.  Yes, there is blame and accountability considering this family had child neglect charges filed a few years ago (that were apparently dropped and expunged) and a large part of the responsibility should ... (click for more)

Roy Exum: The Saturday Funnies

Every week I get emails full of inspiration and funny stories. This summer I have gathered a sampling of my weekly harvest and presented the collection as a reminder we ought to cherish laughter with those we love and the weekend. I am not only amazed how popular my ‘Summer Saturdays’ have become but this week I have gotten funnies from California, Texas and Arizona, to mention ... (click for more)