State v. Black

745 S.W.2d 302, 1987 Tenn. Crim. App. LEXIS 2717
Court of Criminal Appeals of Tennessee·Decided September 29, 1987·Published·Cited by 15 cases

Opinion

OPINION

JAMES C. BEASLEY, Special Judge.

The appellants seek relief from their convictions for rebellion with the intent to escape and resulting life sentences.

On January 16, 1984, Roger Black, William Black and William Thompson, who were lawfully confined in Guild 5 at the Middle Tennessee Reception Center in Nashville sought to escape therefrom. According to plan, Roger Black used a makeshift key to unlock the door to his cell. Later as Correctional Officer Randall White was making his rounds, the officer was struck on the back of his head and knocked to the floor by Roger Black.

Officer White testified that he resisted the efforts of Black to confiscate his keys and radio and during the ensuing struggle was struck repeatedly about the face and head with a drain pipe and sharpened wedge. After being severely beaten and choked the officer surrendered the keys. Roger Black then unlocked other cell doors and released several convicts including his brother William and co-defendant William Thompson who in turn assisted in subduing the officer, taking control of the guild area and actively participating in the escape attempt.

Alerted that something was amiss, several correctional officers hastened to Guild 5 where they found cell doors open and several inmates out of their cells. Holes had been beaten in the screen of a window in the laundry room and the window sill was damaged.

[304]*304Officer White was found in the shower area. His condition was described by Captain Sanders thusly:

I’ve been in the department for ten years. I’ve seen officers hurt before. When I saw Officer White, he was covered with blood. I couldn’t tell his face. He had blood coming out of his mouth, his eye. I thought the man was dead. It made me sick to see a man in that condition. I didn’t think he was going to make it to the hospital.

This witness went on to describe the area as looking like a slaughter pen where “somebody had tried to butcher somebody.” Medical testimony established that Officer White suffered a broken nose and fourteen distinct lacerations to the scalp and face requiring 178 stitches.

The appellants first challenge the constitutionality of Tenn. Code Ann. § 39-5-712.

The State has pointed out that Roger Black and William Black failed to present this issue prior to trial and have thereby waived any right to appellate review on that question. The record reflects that William Thompson filed a pre-trial motion, seeking dismissal of the first count of the indictment alleging that subject statute was in several respects violative of both the Federal and State Constitutions. On July 23, 1985, the trial court overruled this motion without allowing argument.

The statute under which these appellants were convicted reads as follows:

T.C.A. § 39-5-712 Rebellion with intent to kill or escape. — If any convict confined in the penitentiary for a term less than life, openly rebel with intent to kill the warden or any other officer thereof, or with intent, by open violence, to escape, he shall, on conviction thereof, be imprisoned in the penitentiary for life.

It is first claimed that this statute is unconstitutionally vague in that it fails to define the words “rebellion” and “open violence” so as to properly apprise the defendant of the meaning and scope of this law.

We would observe at this point that the word “rebellion” does not appear in the body of this statute but is contained in the section heading or “catchline” only and accordingly is not to be construed as part of the law. See T.C.A. § 1-3-109.

A statute is not unconstitutionally vague if the conduct proscribed can be reasonably understood. Rose v. Locke, 423 U.S. 48, 49, 96 S.Ct. 243, 244, 46 L.Ed.2d 185 (1975). The Tennessee Supreme Court has said that a statute is invalid for vagueness only when persons of common intelligence must necessarily guess at its meaning and differ as to its application. Pace v. State, 566 S.W.2d 861, 863 (Tenn.1978). The words of a statute are to be taken in their natural and ordinary sense without a forced construction to limit or extend their meaning. Ellenburg v. State, 215 Tenn. 153, 156, 384 S.W.2d 29, 30 (1964).

Rebel, open and violence are not technical terms which require legal research to determine their meaning. Rather, they are words of such common usage as to be easily definable by consulting basic English dictionaries. “Rebel” was defined by the trial judge as meaning “to defy or resist authority.” In Webster’s Seventh New Collegiate Dictionary it is defined thusly, “to oppose or disobey one in authority or control.” That work also includes a definition of “open” as “exposed to general knowledge” and “violence” as “the exertion of physical force so as to injure or abuse.” Funk and Wagnalls Standard Desk Dictionary (1977) includes a definition of “open” as “not secret or hidden” and of “violence” as “physical force unlawfully exercised.” We also find therein that “rebel” means, “to resist any authority or established usage; to react with violent aversion.”

Given the common meaning of these words it is inconceivable that a person of common intelligence would not understand that the conduct of these appellants as heretofore described is proscribed by this statute. Therefore we hold that T.C.A. § 39-5-712 is not unconstitutionally vague.

Next, while acknowledging that a state government act does not violate the due process clause of the Fourteenth Amendment if it rationally relates to any possible legitimate end of government, the [305]*305appellant contends that § 39-5-712 is without rational basis because the statute governing escapes, T.C.A. § 39-5-702, and riots in prison, T.C.A. § 39-6-345, already protect the State’s interest in controlling unruly prisoners. He cites no authority for this novel approach and we know of no constitutional prohibition against the enactment of a penal statute which prohibits conduct that is similar but by no means identical to that prohibited by other statutes.

The appellant also contends that subject statute violates the Equal Protection Clause of the Fourteenth Amendment in that it sets out a classification which is totally unrelated to any legitimate government interest. He complains that the statute as written provides for a life sentence upon conviction for inmates who are serving a term less than life whereas under T.C.A. § 39-5-713

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State v. Black, 745 S.W.2d 302, 1987 Tenn. Crim. App. LEXIS 2717 (Tenn. Ct. App. 1987).

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