Massey v. State

It is difficult not to sign Judge Scott’s opinion which goes directly to an alleged breach of Rule 33(b) of Tennessee Rules of Criminal Procedure. This rule is as follows:

“A motion for a new trial shall be made in writing, or if made orally in open court shall be reduced to writing, within thirty days after verdict. The Court shall upon motion allow amendments liberally until the day of the hearing of the motion for a new trial.”

Appellant’s lawsuit began in the Criminal Court of Knox County February 10, 1976, with the return of an indictment by the Grand Jury charging the offense of murder…