SUMERALL v. STATE


580 S.W.2d 794 (1978)

Chester Lee SUMERALL, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

Certiorari Denied March 19, 1979.


Attorney(s) appearing for the Case

Brett B. Stein, Memphis, for appellant.

Brooks McLemore, Jr., Atty. Gen., Robert A. Grunow, Asst. Atty. Gen., Nashville, Michael W. Hughes, Asst. Atty. Gen., Memphis, for appellee.


Certiorari Denied by Supreme Court March 19, 1979.

OPINION

O'BRIEN, Judge.

Defendant was indicted for rape and convicted of assault with intent to commit rape. Punishment was set at not less than three (3) years nor more than four (4) years in the penitentiary.

On this appeal defendant charges the trial court's instructions to the jury relative to the complaint made by the victim against her attacker amounted to an unwarranted comment on...

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