Montgomery v. State

OPINION

TATUM, Judge.

The defendant, James Theodore Montgomery, was sentenced to fifteen years in the State Penitentiary upon a conviction of rape. Affirmed.

On this appeal, the defendant tests the sufficiency of the evidence and questions the action of the Trial Judge in refusing him a new trial because one of the jurors based his vote finding the defendant guilty out of fear of being “locked up” for the weekend.

The accredited evidence was that the victim and the defendant were previously acquainted. The defendant was an employee of OIC School in Jackson, Tennessee; the victim was a student.…