State v. Austin

JOHNSON, Presiding Judge.

The state brought a 12-count indictment against Gordon Trent Austin, charging him with multiple counts of simple battery, aggravated assault, and cruelty to children. Citing inadequacies in the indictment, Austin moved to quash the charging instrument and specially demurred to its allegations. The trial court granted Austin’s motion as to the aggravated assault charge in Count 9. The state appeals, and we reverse.

“The purpose of an indictment is to enable the defendant to prepare his defense intelligently and to protect him from double jeopardy.” An indictment is…