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HUDSON v. STATE

534 S.W.2d 322 (1975)

Carl Dean HUDSON, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

November 7, 1975.

Attorney(s) appearing for the Case

Edward F. Hurd, Newport, for plaintiff-in-error.

R.A. Ashley, Jr., Atty. Gen., David L. Raybin, Asst. Atty. Gen., Nashville, Alfred C. Schmutzer, Jr., Dist. Atty. Gen., Sevierville, for defendant-in-error.

OPINION

DUNCAN, Judge.

The defendant, Carl Dean Hudson, Jr., was convicted in the Cocke County Criminal Court of "Assault with Intent to Commit Rape." The jury set the defendant's punishment at a determinate sentence of fifteen (15) years in the penitentiary. At the time of the hearing of the defendant's motion for a new trial, the trial judge concluded that the offense was punishable by an indeterminate sentence; accordingly, he fixed the minimum sentence...

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