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STATE v. THOMAS

635 S.W.2d 114 (1982)

STATE of Tennessee, Plaintiff-Appellee, v. Charles James THOMAS, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

June 28, 1982.

Attorney(s) appearing for the Case

Kenneth A. Miller, Knoxville, for defendant-appellant.

Robert L. Jolley, Jr., Sr. Asst. Atty. Gen., Nashville, for plaintiff-appellee; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

OPINION

BROCK, Justice.

The sole issue presented by this appeal is the constitutionality of T.C.A., § 39-3703(a)(2) (1981 Supp.). The defendant challenges the aggravated rape statute as being unconstitutionally vague.

The defendant, Charles James Thomas, was indicted for simple robbery and aggravated rape. At trial, he pled not guilty; he admitted having sexual intercourse with the victim, but claimed that she consented. The jury found the defendant...

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