State v. Wilkins

655 S.W.2d 914 (1983)

STATE of Tennessee, Appellant,

v.

John Anthony WILKINS, Appellee.

Supreme Court of Tennessee, at Knoxville.

July 25, 1983.

Opinion On Petition to Rehear August 29, 1983.

Wayne E. Uhl, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen. and Reporter, Nashville, for appellant.

Herbert S. Moncier, Knoxville, Martha S.L. Black, Maryville, for appellee.

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…