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STATE v. WILKINS

655 S.W.2d 914 (1983)

STATE of Tennessee, Appellant, v. John Anthony WILKINS, Appellee.

Supreme Court of Tennessee, at Knoxville.

Opinion On Petition to Rehear August 29, 1983.

Attorney(s) appearing for the Case

Wayne E. Uhl, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen. and Reporter, Nashville, for appellant.

Herbert S. Moncier, Knoxville, Martha S.L. Black, Maryville, for appellee.

OPINION

COOPER, Justice.

In this appeal the state challenges the trial court's dismissal of the aggravated rape count of an indictment against defendant. The trial judge held that the definition of aggravated rape in T.C.A. § 39-3703 (now § 39-2-603) is so vague that it violates the due process clauses of our federal and state constitutions. U.S. Const. amend. V; Tenn. Const. art. 1, § 8. The propriety of this ruling is the sole issue presented...

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