STATE v. CLEVELAND


959 S.W.2d 548 (1997)

STATE of Tennessee, Appellant, v. Johnny Lee CLEVELAND, III, a/k/a Akem Ismil Fuguan, Appellee.

Supreme Court of Tennessee, at Knoxville.

December 29, 1997.


Attorney(s) appearing for the Case

John Knox Walkup, General & Reporter, Michael E. Moore, Solicitor General, Darian B. Taylor, Assistant Attorney General, Nashville, William H. Cox, District Attorney General (at Trial), H.C. Bright, Assistant District Attorney General (at Ttial), Chattanooga, for Appellant.

Ardena J. Garth, District Public Defender, Donna Robinson Miller, Assistant District Public Defender, Chattanooga, for Appellee.


OPINION

ANDERSON, Chief Justice.

The primary issue presented in this appeal of a conviction for attempted aggravated rape is whether the absence of a juror during a portion of the closing argument was harmless error, or whether it was prejudicial to the judicial process and required a new trial. A secondary issue is whether the trial court should have instructed the jury that aggravated assault is a lesser...

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