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Citations

  • 953 S.W.2d 695
  • 1996 Tenn. Crim. App. LEXIS 554

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the trial court did not err in applying enhancement factor (7) when the defendant “treated his daughter as if she were his girlfriend”
  • concluding that the trial court did not err in applying enhancement factor (7) when the defendant “treated his daughter as if she were his girlfriend”
  • concluding that jury’s verdict should not have been set aside when the indictment charged rape by fellatio but victim testified to a different sexual penetration
  • holding “an indictment is not fatal merely due to inclusion of unnecessary prolix or surplusage words”
  • applying this factor where Defendant treated his daughter as if she were his girlfriend by wanting her to enjoy their sexual encounters and instructing her to participate by moaning and acting aroused
  • “Because sexual penetration is statutorily defined to encompass fellatio, we find that the phrase ‘by fellatio’ was unnecessary surplusage.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Summers, Wade

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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