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STATE v. DOMINY

6 S.W.3d 472 (1999)

STATE of Tennessee, Plaintiff-Appellee, v. Terry Allen DOMINY, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

November 8, 1999.

Attorney(s) appearing for the Case

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Gordon W. Smith, Associate Solicitor General, Nashville, James G. White, II, District Attorney General, Lawrenceburg, for Plaintiff-Appellee.

Peter G. Heil, Nashville (Appeal Only), Shara Flacy, William Bright, District Public Defenders, Pulaski, for Defendant-Appellant.

OPINION

DROWOTA, Justice.

The dispositive issues in this appeal are as follows: (1) whether the indictment in this case charging the defendant with aggravated rape is sufficient to support a conviction for spousal rape, a "lesser grade" offense under this Court's decision in State v. Trusty, 919 S.W.2d 305 (Tenn.1996); and (2) if so, should this Court reconsider it decision in Trusty.

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