Hudson v. State

OPINION

DUNCAN, Judge.

The defendant, Carl Dean Hudson, Jr., was convicted in the Cocke County Criminal Court of “Assault with Intent to Commit Rape.” The jury set the defendant’s punishment at a determinate sentence of fifteen (15) years in the penitentiary. At the time of the hearing of the defendant’s motion for a new trial, the trial judge concluded that the offense was punishable by an indeterminate sentence; accordingly, he fixed the minimum sentence at six (6) years in the penitentiary. Thus, the court’s judgment provided that the defendant be committed to the penitentiary for a period…