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LOCKE v. ROSE

No. 74-1858.

514 F.2d 570 (1975)

Harold LOCKE, Plaintiff-Appellant, v. Jimmy H. ROSE, Warden, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 4, 1975.

Attorney(s) appearing for the Case

Harold Locke, Ray Lee Jenkins, Knoxville, Tenn. (Court appointed—CJA), for plaintiff-appellant.

David M. Pack, Atty. Gen. of Tenn., Nashville, Tenn., Bart C. Durham, III, R. A. Ashley, Jr., E. R. Trotter, Asst. Attys. Gen., for defendant-appellee.

Before EDWARDS, PECK and LIVELY, Circuit Judges.

PER CURIAM.

Plaintiff-appellant ("appellant") was convicted in state court of committing a "crime against nature," Tenn.Code Ann. § 39-707 (1955),1 by forcibly performing cunnilingus on a neighbor. The Tennessee court of criminal appeals (2:1) affirmed the conviction, rejecting appellant's claim that section 39-707 was unconstitutionally vague, Locke v. State, Tenn.Cr.App., 501 S.W.2d 826, 828 ...

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