State of Tennessee v. Robert F. Smythers

The Defendant was indicted for first degree premeditated murder and a Monroe County jury convicted him of the lesser-included offense of second degree murder. The trial court sentenced him to twenty years' incarceration. In this appeal as of right, the Defendant argues (1) that he was denied his right to a speedy trial; (2) that the trial court erred by refusing to allow the defense to question police officers about the victim's reputation for violence; (3) that the trial court erred by excluding from evidence an audiotape of a pretrial statement by witness Casey Miller; and (4) that the trial court erred in instructing the jury regarding first degree murder and second degree murder. After a careful review of the jury instructions in this case, which fail to define "knowingly," we reverse the judgment of the trial court and remand for a new trial.