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STATE v. BRITTMAN

639 S.W.2d 652 (1982)

STATE of Tennessee, Plaintiff-Appellant, v. Joe Davis BRITTMAN, Defendant-Appellee.

Supreme Court of Tennessee.

September 27, 1982.

Attorney(s) appearing for the Case

Gordon W. Smith, Asst. Atty. Gen., Nashville, for plaintiff-appellant; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

Joe B. Jones, Asst. Public Defender, Memphis, for defendant-appellee; A.C. Wharton, Jr., Shelby County Public Defender, Memphis, of counsel.

OPINION

BROCK, Justice.

The defendant had sexual intercourse with Vickie Jones, a female, who at the time was 10 years of age and who is the daughter of defendant's sister, Lillie Belle Jones. Based upon these facts as found by the jury, the defendant was convicted of two offenses, viz., aggravated rape, for which he received a sentence of 20 years in the penitentiary and incest for which he was sentenced to imprisonment of not less than five nor...

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