Strader v. State

362 S.W.2d 224 (1962)

Herbert STRADER

v.

STATE of Tennessee.

Supreme Court of Tennessee.

November 9, 1962.

W. E. Badgett, Knoxville, for plaintiff in error.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., Nashville, for the State.

FELTS, Justice.

Plaintiff in error, referred to as defendant, was charged in an indictment, under T.C.A. § 39-606, with an assault and battery upon a female under 12 years of age, Diana Stroud, with intent to unlawfully carnally know her, and was convicted of that felony and his punishment fixed at 10 years in the penitentiary.

He appealed in error and has…