IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED July 9, 1998 George Killingsworth, ) ) C.C.A. NO.03C01-9707-CR-00266 Cecil Crowson, Jr. Appellant, ) Appellate C ourt Clerk ) Morgan County VS. ) ) Charles Jones, ) ) Appellee. ) (Dismissal of Habeas Corpus Petition) ) AFFIRMED PURSUANT TO RULE 20

ORDER

The petitioner is appealing the trial court's denial of his petition for writ of habeas corpus. Petitioner was indicted on one count each of aggravated rape and aggravated sexual battery. Petitioner was tried and found guilty by a Davidson County jury.

The petitioner contends that the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Regardless of whether this type claim should be raised in a petition for writ of habeas corpus, on the merits the petitioner is not entitled to relief based on our Supreme Court’s opinion in State v. Hill, 954 S.W.2d 725 (Tenn. Nov. 3, 1997).

IT IS, THEREFORE, ORDERED that the state’s motion to affirm the judgment pursuant to Rule 20 is granted. The judgment of the trial court is hereby affirmed. The petitioner being indigent, costs of this appeal are taxed to the state.

ENTER, this the _____ day of ______, 1998.

_____________________________ JERRY L. SMITH, JUDGE

CONCUR:

_____________________________ PAUL G. SUMMERS, JUDGE

_____________________________ CURWOOD WITT, JUDGE