Court of Criminal Appeals of Tennessee· 4/12/2006

State v. Lindsey

Citations

208 S.W.3d 432
2006 Tenn. Crim. App. LEXIS 328

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the trial court erred in allowing the State to amend the indictment to delete the phrase “and or deliver”
holding that by not objecting before the trial began, the defendant waived any objection to a defective indictment which charged two distinct offenses in a single count
concluding it was error to allow the trial court to delete the phrase “and, or deliver” from a duplicitous indictment but concluding the error was harmless beyond a reasonable doubt
summarizing the evidence of prior felony convictions and other criminal history presented at the Petitioner‟s sentencing hearing
“Generally, it is impermissible to charge two distinct offenses in a single count of an indictment.”
“[T]he rationale is that if the indictment fails to include an essential element of the offense, no crime is charged, and, therefore, no offense is before the court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas T. Woodall

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Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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