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STATE v. BROWN

992 S.W.2d 389 (1999)

STATE of Tennessee, Appellee, v. James A. BROWN, Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied June 21, 1999.

Attorney(s) appearing for the Case

Scott G. Kirk, Hardee, Martin & Jaynes, Jackson, for Appellant.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, Nashville, for Appellee.

John W. Pierotti, District Attorney General, Memphis, Karen Cook, Assistant District Attorney General, Memphis, (at Trial), for Appellee.

OPINION

ANDERSON, C.J.

We granted this appeal to determine whether at the conclusion of the evidence the prosecution elected the particular offense charged in the indictment upon which it sought a conviction. Such an election is required to preserve the defendant's constitutional right to a unanimous jury verdict.1

The defendant was indicted and convicted of one count of rape of a child. The Court of Criminal Appeals...

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