State v. Wilkins

OPINION

COOPER, Justice.

In this appeal the state challenges the trial court’s dismissal of the aggravated rape count of an indictment against defendant. The trial judge held that the definition of aggravated rape in T.C.A. § 39-3703 (now § 39-2-603) is so vague that it violates the due process clauses of our federal and state constitutions. U.S. Const, amend. Y; Tenn. Const, art. 1, § 8. The propriety of this ruling is the sole issue presented for review.

Aggravated rape was first made a distinct statutory offense in Tennessee by § 3 of chapter 429 Public Act 1979. The offense was codified as…