State v. Stokes

OPINION

in which ANDERSON, C.J., and DROWOTA, BIRCH, and HOLDER, JJ., joined.

This is an appeal from the Circuit Court for Humphreys County, which convicted the defendant, Billy Joe Stokes, of two counts of statutory rape as lesser included offenses of rape. The indictment alleged only rape, but the Court of Criminal Appeals affirmed the convictions on the ground that by agreeing to a jury instruction characterizing statutory rape as a lesser included offense of rape, the defendant consented to an amendment of the indictment. The defendant then sought, and this Court granted, permission to…