Legal Sense, Done With The Intent To Commit a Crime.'" State v. Smith, 119 Tenn. 521
This text of Legal Sense, Done With The Intent To Commit a Crime.'" State v. Smith, 119 Tenn. 521 (Legal Sense, Done With The Intent To Commit a Crime.'" State v. Smith, 119 Tenn. 521) 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 KNOXVILLE FILED JANUARY 1998 SESSION March 25, 1998
Cecil Crowson, Jr. Appe llate Court C lerk NELSON B. GRAVES, ) ) Appellant, ) No. 01C01-9705-CR-00171 ) ) Johnson County v. ) ) Honorable Lynn W. Brown, Judge ) HOWARD CARLTON, WARDEN,) (Habeas Corpus) and STATE OF TENNESSEE, ) ) Appellees. )
CONCURRING OPINION
I concur in the results and most of the reasoning in the majority opinion. I
would hold, though, that the indictments sufficiently contain any necessary mens rea by
allegations that the offenses were “feloniously” committed. Historically, the word
“feloniously” has meant “[p]roceeding from an evil heart or purpose; done with a
deliberate intention of committing a crime.” Black’s Law Dictionary 617 (6th ed. 1990).
As our supreme court has previously noted, “one meaning attached to the word is: ‘In a
legal sense, done with the intent to commit a crime.’” State v. Smith, 119 Tenn. 521,
526, 105 S.W. 68, 70 (1907). Thus, I believe that the indictments include any required
mens rea.
____________________________ Joseph M. Tipton, Judge
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