(Download) "State Tennessee v. Mack Wallace" by At Nashville Court Of Criminal Appeals Of Tennessee ~ Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Mack Wallace
- Author : At Nashville Court Of Criminal Appeals Of Tennessee
- Release Date : January 31, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
DWYER, Judge. OPINION Appellant was convicted of a crime against nature, to-wit: sodomy per anus, T.C.A. § 39-2-612, and attempt to commit a felony, T.C.A. § 39-1-501. Punishment was set at imprisonment for not less than five nor more than seven years on the former conviction and not less than one nor more than two years on the latter conviction. The conviction of sodomy per anus was considered to trigger the habitual criminal act, T.C.A. § 40-2801, et seq. (now T.C.A. § 39-1-801, et seq.), enhancing appellant's sentence to imprisonment for life. There are twenty issues raised on this appeal. The State relies on Rule 10(b) of the rules of this Court and T.R.A.P. 27(a)(7) to argue that issues 3(a), 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 are waived due to appellant's failure to adequately brief them. We have examined appellant's treatment of these issues in his brief and are in accord with the State. Moorman v. State, 577 S.W.2d 473 (Tenn.Cr.App.1978). Moreover, many of these issues direct the court to an appendix which accompanied his brief when it was filed. There was no resort to T.R.A.P. 24(e) and no approval of these documents by the trial court. Appellant has the burden of having prepared a transcript which conveys a fair, accurate, and complete account of what transpired with respect to those issues which are the basis of an appeal. T.R.A.P. 24(b). We will not consider those issues for which the record is inadequate. It is not the duty of this Court to sort out and labor through issues not properly presented.
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