McPherson v. State

OPINION

DAUGHTREY, Judge.

The defendant-appellant was convicted of rape and sentenced to serve ten years in the penitentiary. The same jury then considered evidence presented by the State concerning the defendant’s prior convictions and returned a guilty verdict on the charge of habitual criminality, imposing the mandatory life sentence. On appeal the defendant challenges (1) the admissibility of an oral statement introduced against him at trial, and (2) the constitutionality of Tennessee’s habitual criminal statute, T.C.A. § 40-2801. For the reasons set forth below, we affirm both convictions.

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