# Legal Sense, Done With The Intent To Commit a Crime.'" State v. Smith, 119 Tenn. 521

> Court of Criminal Appeals of Tennessee · March 25, 1998

URL: https://www.frixlaw.com/law-library/cases/1082829

## Case

- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** March 25, 1998
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1082829

## Opinion text

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED
JANUARY 1998 SESSION
March 25, 1998

Cecil Crowson, Jr.
Appe llate Court C lerk
NELSON B. GRAVES, )
)
Appellant, ) No. 01C01-9705-CR-00171
)
) Johnson County
v. )
) Honorable Lynn W. Brown, Judge
)
HOWARD CARLTON, WARDEN,) (Habeas Corpus)
and STATE OF TENNESSEE, )
)
Appellees. )

CONCURRING OPINION

I concur in the results and most of the reasoning in the majority opinion. I

would hold, though, that the indictments sufficiently contain any necessary mens rea by

allegations that the offenses were “feloniously” committed. Historically, the word

“feloniously” has meant “[p]roceeding from an evil heart or purpose; done with a

deliberate intention of committing a crime.” Black’s Law Dictionary 617 (6th ed. 1990).

As our supreme court has previously noted, “one meaning attached to the word is: ‘In a

legal sense, done with the intent to commit a crime.’” State v. Smith, 119 Tenn. 521,

526, 105 S.W. 68, 70 (1907). Thus, I believe that the indictments include any required

mens rea.

____________________________
Joseph M. Tipton, Judge

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1082829. Public record. Not legal advice.