STATE v. HENDERSON


623 S.W.2d 638 (1981)

STATE of Tennessee, Appellee, v. Danny L. HENDERSON, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied November 9, 1981.


Attorney(s) appearing for the Case

John C. Zimmermann, Asst. Atty. Gen., Nashville, Robert H. Gay, Dist. Atty. Gen., Lawrenceburg, Clayton Lee, Asst. Dist. Atty. Gen., Pulaski, for appellee.

Joe F. Fowlkes, Pulaski, for appellant.


Permission to Appeal Denied by Supreme Court November 9, 1981.

OPINION

DAUGHTREY, Judge.

The appellant-defendant, Danny L. Henderson, was convicted of aggravated rape and sentenced to 15 years imprisonment. Because the State failed to prove circumstances amounting to aggravated rape under T.C.A. § 39-3703, we conclude that the offense for which the defendant was convicted must be reduced to rape.

The evidence showed that on February...

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