[Download] "State Tennessee v. David Clifton Hood" by at Jackson Court of Criminal Appeals of Tennessee " eBook PDF Kindle ePub Free

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eBook details

• Title: State Tennessee v. David Clifton Hood
• Author : at Jackson Court of Criminal Appeals of Tennessee
• Release Date : January 22, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The defendant, David Clifton Hood, appeals as of right from his conviction in the Circuit Court of Weakley County for statutory
rape, a Class E felony. The defendant was tried without a jury. He received a sentence of two years in the county jail with
all but forty-five days suspended, the remainder to be served on supervised probation. He was fined five hundred dollars and
ordered to receive counseling and complete one hundred hours of community service. The issue presented on appeal is whether the trial court erred in finding that the defendant could not avail himself of the
defense provided in T.C.A. § 39-13-506(b) which states "it is a defense to prosecution under this section that the
victim was at the time of the alleged offense at least fourteen (14) years of age and had, prior to the time of the alleged
offense, engaged promiscuously in sexual penetration." The trial court concluded that previous instances of sexual penetration
with "two or three" partners did not constitute promiscuous sexual penetration within the meaning of the statute. Interestingly,
the case comes to us with a record reflecting that the trial court prefaced its verdict with certain legal Conclusions and
findings of fact. It is under this peculiar posture of the case that we conclude that the conviction should be reversed and
the case remanded for further consideration.

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