(DOWNLOAD) "State Tennessee v. Kenneth B. Schaller" by at Jackson Court of Criminal Appeals of Tennessee * Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Kenneth B. Schaller
- Author : at Jackson Court of Criminal Appeals of Tennessee
- Release Date : January 05, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The defendant, Kenneth B. Schaller, appeals as of right from his convictions by a jury in the Shelby County Criminal Court on two counts of aggravated sexual battery, a Class B felony. The defendant was sentenced as a Range I, standard offender to ten years for each count, to be served concurrently in the custody of the Department of Correction. The defendant contends (1) that the evidence was insufficient to support a conviction of aggravated sexual battery of the victim alleged to be mentally defective, (2) that the two offenses should have been severed and tried separately, and (3) that the trial court erred in allowing into evidence the prior written statements of the victims. We hold that the indictment regarding the allegedly mentally defective victim fails to state the offense of aggravated sexual battery for which the defendant was convicted and that the evidence was insufficient to convict the defendant for sexual battery in that case. We also hold that although the offenses were properly consolidated for trial, the use of inadmissible out-of-court statements made by one victim improperly prejudiced the defendant relative to the offense involving the second victim.
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