State v. Lynn

In State v. Lynn, 924 S.W.2d 892 (Tenn. 1996), the Tennessee Supreme Court expressly held that "criminally negligent homicide is . . . a lesser included offense of second-degree murder pursuant to the definition in Howard v. State, 578 S.W.2d 83, 85 (Tenn. 1979). " The supreme court noted that: "Criminally negligent homicide requires that an accused engage in criminally negligent conduct which results in death. Tenn. Code Ann. 39-13-212 (1991 Repl.). Second-degree murder is a knowing killing of another. Tenn. Code Ann. 39-13-210 (1995 Supp.). Our criminal code defines the mens rea of criminal negligence as occurring if a person acts intentionally, knowingly, or recklessly. Tenn. Code Ann. 39-11-301(a)(2) (1991 Repl.). Therefore, an offense that requires that the accused act knowingly necessarily includes offenses in which the accused's mental state was one of criminal negligence. Id.