IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
MARCH SESSION , 1998 FILED
STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9709-CC-00341
)
Appellee, )
April 1, 1999
)
) HENRY COUNTY
VS. )
) HON. JULIAN P. GUINN Crowson, Jr.
Cecil
JAMES ROBERT FIELDS, ) JUDGE
) Appellate C ourt Clerk
Appe llant. ) (Direct Appeal - Class B Misdemeanor
) Assault)
CONCURRING OPINION
I agree that the conviction should be affirmed. Assault is not a lesser
included or lesser grade offense of statutory rape. I disagree, however, with
footnote 3 which suggests that a special request by the defendant for an instruction
on a lesser offense would serve to amend the indictment. See State v. Leland Ray
Reeves, No. 01C01-9711-CR-00515 (Tenn. Crim. App., at Nashville, Mar. 23,
1999).
_________________________________
Gary R. Wade, Presiding Judge