Home/Court of Criminal Appeals of Tennessee/I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.

I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.

Court of Criminal Appeals of Tennessee·Decided May 27, 1998·No. 01C01-9704-CC-00126·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED FEBRUARY 1998 SESSION May 27, 1998

Cecil W. Crowson Appellate Court Clerk TRACY HIGGINBOTHAM ) ) Appellant, ) C.C.A. No. 01C01-9704-CC-00126 ) vs. ) WAYNE COUNTY ) STATE OF TENNESSEE, ) Honorable Jim T. Hamilton ) Appellee. ) (Habeas Corpus) ) )

SEPARATE CONCURRING OPINION

I concur in the results in this case. In State v. Milton S. Jones, Jr., No.

02C01-9503-CR-00061, slip op. at 5 (Tenn. Crim. App., at Jackson, March 7, 1997),

a panel of this court ruled that mens rea is an element of offenses such as sexual

battery or rape. While I subscribe to the view expressed in Jones, I do concur that

the allegations in these indictments do imply the mens rea.

_________________________________ Gary R. Wade, Judge

Free access — add to your briefcase to read the full text and ask questions with AI

I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No., (Tenn. Ct. App. 1998).

I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No. (I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.