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JOHNSON v. STATE

330 S.W.2d 308 (1959)

Lee A. JOHNSON, alias Lee A. Alexander, v. STATE of Tennessee.

Supreme Court of Tennessee.

December 11, 1959.

Attorney(s) appearing for the Case

Sam H. Seymour, Chattanooga, for plaintiff-in-error.

William D. Grugett, Asst. Atty. Gen., for the State.

TOMLINSON, Justice.

The indictment charged Johnson with the statutory offense carried at Section 39-606, T.C.A., reading as follows:

"Any person who shall commit an assault and battery upon a female under the age of twelve (12) years, with the intent to unlawfully carnally know her, shall on conviction be punished as in case of rape."

The female involved was Katie Mae Burks, a mentally deficient ten year old girl.

The jury returned a verdict...

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