I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.
This text of 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.) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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