IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
FILED
July 9, 1998
George Killingsworth, )
) C.C.A. NO.03C01-9707-CR-00266
Cecil Crowson, Jr.
Appellant, ) Appellate C ourt Clerk
) Morgan County
VS. )
)
Charles Jones, )
)
Appellee. ) (Dismissal of Habeas Corpus Petition)
) AFFIRMED PURSUANT TO RULE 20
ORDER
The petitioner is appealing the trial court's denial of his petition for writ of
habeas corpus. Petitioner was indicted on one count each of aggravated rape and
aggravated sexual battery. Petitioner was tried and found guilty by a Davidson County jury.
The petitioner contends that the judgment entered against him is void because the
indictment failed to allege the mens rea of the offense charged.
Regardless of whether this type claim should be raised in a petition for writ
of habeas corpus, on the merits the petitioner is not entitled to relief based on our Supreme
Court’s opinion in State v. Hill, 954 S.W.2d 725 (Tenn. Nov. 3, 1997).
IT IS, THEREFORE, ORDERED that the state’s motion to affirm the
judgment pursuant to Rule 20 is granted. The judgment of the trial court is hereby
affirmed. The petitioner being indigent, costs of this appeal are taxed to the state.
ENTER, this the _____ day of ______, 1998.
_____________________________
JERRY L. SMITH, JUDGE
CONCUR:
_____________________________
PAUL G. SUMMERS, JUDGE
_____________________________
CURWOOD WITT, JUDGE