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STATE v. DOMINY

67 S.W.3d 822 (2001)

STATE of Tennessee v. Terry A. DOMINY.

Court of Criminal Appeals of Tennessee, at Knoxville.

May 9, 2001.

Attorney(s) appearing for the Case

Hershell D. Koger, Pulaski, TN, for appellee, Terry A. Dominy.

Michael E. Moore, Solicitor General; Jennifer L. Smith, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and James G. White, II, Assistant District Attorney General, for appellant, State of Tennessee.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

JAMES CURWOOD WITT, JR., J., delivered the opinion of the court, in which DAVID G. HAYES and JOHN EVERETT WILLIAMS, JJ., joined.

The State of Tennessee appeals the Lawrence County Circuit Court's dismissal of the indictment that charged the defendant, Terry A. Dominy, with three counts of rape of a spouse. See Tenn.Code Ann. § 39-13-507(b) (1991). The trial court based...

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