OPINION
WILLIAM J. HARBISON, Special Justice.
Plaintiff in error, John Hery Dupree, was convicted for an assault and battery with intent to commit rape, and was sentenced to serve not more than ten years in the State Penitentiary. He was convicted in the Criminal Court of Shelby County, Tennessee, after trial on November 4 and 5, 1965.
The prosecuting witness, Lavonne Biggs, testified that an unidentified Negro man entered her home at about 3:30...
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