IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
MAY 1998 SESSION FILED
November 24, 1998
Cecil Crowson, Jr.
STATE OF TENNESSEE, ) Appellate C ourt Clerk
)
Appellee, )
) C.C.A. NO. 02C01-9710-CC-00379
VS. )
) HARDEMAN COUNTY
TYRONE SAIN, )
)
Appellant. )
DISSENT
I respectfully dissent. The majority holds that an indictment that references
a lesser culpable mental state than is required by statute must be attacked pretrial or any
complaint concerning the defect is waived. The majority bases its holding on the
conclusion that “[s]ince proof of