State v. Dankworth

OPINION

WHITE, Judge.

The state appeals pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure alleging that the trial judge acted improperly when, as the thirteenth juror, he set aside the jury verdict in this case. We have reviewed the record on appeal and relevant authorities, and, for the reasons discussed below, we affirm the judgment of the trial court and remand the case for a new trial before a different trial judge.

Appellees, Wama Dankworth, Jeffrey Terry, and Jody Terry, were convicted by a jury of the digital penetration of a person less than 13 years of age. The record…