State v. Dominy

OPINION

DROWOTA Justice.

The dispositive issues in this appeal are as follows: (1) whether the indictment in this case charging the defendant with aggravated rape is sufficient to support a conviction for spousal rape, a “lesser grade” offense under this Court’s decision in State v. Trusty, 919 S.W.2d 305 (Tenn.1996); and (2) if so, should this Court reconsider it decision in Trusty.

We agree with the Court of Criminal Appeals that, under Trusty, the indictment in this case would be sufficient to support a conviction for the “lesser grade” offense of spousal rape. However, upon careful…