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STONE v. STATE

521 S.W.2d 597 (1974)

Ira James STONE and Johnny Luscious Phelps, Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied March 10, 1975.

Attorney(s) appearing for the Case

Landon H. Goins and Gary D. Shields, Chattanooga, for Stone.

H. Wayne Grant and Wilkes T. Thrasher, Jr., Chattanooga, for Phelps.

Milton P. Rice, Atty. Gen., R. Jackson Rose, Asst. Atty. Gen., Nashville, Robert J. Batson, Jr., and Stephen M. Bevil, Asst. Dist. Attys. Gen., Chattanooga, for defendant-in-error.

Certiorari Denied by Supreme Court March 10, 1975.

OPINION

RUSSELL, Judge.

Johnny Luscious Phelps and Ira James Stone, indigent and represented by separate appointed counsel, were jointly tried and each convicted of the rape on July 5, 1973, of a university co-ed in Chattanooga. Phelps' punishment was set at ninety-nine years in the penitentiary, while Stone received ten years. Each has appealed.

The victim was accosted during daylight as...

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