State v. Doyle Hart ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JANUARY 1998 SESSION
FILED
DOYLE HART, ) February 18, 1998
) NO. 02C01-9703-CC-00102
Appellant, ) Cecil Crowson, Jr.
Appellate C ourt Clerk
) LAKE COUNTY
VS. )
) HON. J. STEVEN STAFFORD,
BILLY COMPTON, WARDEN, ) JUDGE
)
Appellee. ) (Writ of Habeas Corpus)
FOR THE APPELLANT: FOR THE APPELLEE:
DOYLE HART, Pro Se JOHN KNOX WALKUP
Register Number 201666 Attorney General and Reporter
Route 1, Box 330
Tiptonville, TN 38079-9775 ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38025-2005
OPINION FILED:
AFFIRMED - RULE 20
JOE G. RILEY,
JUDGE
ORDER
The petitioner, Doyle Hart, appeals the order of the Lake County Circuit Court
dismissing his petition for writ of habeas corpus. He brought this petition claiming
that the indictment charging him with aggravated rape and incest did not allege the
appropriate mens rea. We affirm the judgment of the trial court pursuant to Rule 20,
Tennessee Court of Criminal Appeals.
Petitioner asserts that the indictment charging him with aggravated rape and
incest was fatally defective in that it did not allege the specific mens rea. The
indictment reads, in pertinent part, “that [petitioner] . . . unlawfully and feloniously
did have unlawful sexual penetration of another,” in Count One; and petitioner “did
unlawfully and feloniously have carnal knowledge of [victim],” in Count Two. He
argues that the failure to allege the specific mens rea in the indictment constituted
the failure to allege an offense. Therefore, he claims that the judgment is void on
its face.
We find that the language of this indictment provided adequate notice to both
the defendant and the trial court and is not deficient. See State v. Hill, 954 S.W.2d
725 (Tenn. 1997).
Accordingly, the judgment of the trial court is affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals.
JOE G. RILEY, JUDGE
CONCUR:
JOE B. JONES, PRESIDING JUDGE
PAUL G. SUMMERS, JUDGE
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