State Tennessee v. James Allen Smith

RICHARD R. FORD, Special Judge Charged in a two-count indictment with aggravated rape of a child less than thirteen years of age, and with aggravated rape resulting in the child's pregnancy, the appellant, James Allen Smith, Jr., was convicted of the later offense. As of right he appeals both his conviction and the resulting effective sentence of thirty (30) years imprisonment. He seeks relief on five grounds, including a challenge to the sufficiency of the convicting evidence. We affirm the judgment. First, the record amply supports the verdict of the jury as approved by the trial Judge. The victim was born July 17, 1972. She resided with her mother and grandfather in LaVergne, Tennessee. The victim was barely twelve years old when her grandfather took her and her seven-year-old cousin on a ten-day visit to her great grandmother's home in Knoxville. The visitation period included the dates of the Michael Jackson Concert given in Knoxville on August 10, 11 and 12, 1984. During the visit in her great grandmother's home, the victim noticed that the appellant would sometimes be present, particularly at breakfast time.