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MACKEY v. STATE

537 S.W.2d 704 (1975)

Andrew MACKEY, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied April 12, 1976.

Attorney(s) appearing for the Case

Charles O. Ragan, Jr., Chattanooga, for plaintiff-in-error.

R.A. Ashley, Jr., Atty. Gen., Michael E. Terry, Asst. Atty. Gen., Nashville, Stephen M. Bevil and Thomas J. Evans, Asst. Dist. Attys. Gen., Chattanooga, for defendant-in-error.

Certiorari Denied by Supreme Court April 12, 1976.

OPINION

WALKER, Presiding Judge.

In two cases heard together the jury convicted Andrew Mackey, the defendant below, of rape and fixed his punishment at 65 years and of armed robbery and fixed his punishment at 20 years in the penitentiary. The trial judge ordered consecutive sentences. Mackey appeals in error.

The state's evidence showed that about 1:30 p.m., April 24, 1974, Mrs. Laura Cline...

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