State v. Kennedy

OPINION

JOSEPH M. TIPTON, Judge.

The state brings this interlocutory appeal pursuant to Rule 9, T.R.A.P., from an order of the Wilson County Criminal Court denying its motion to amend the date in an indictment charging William Kennedy with statutory rape. The sole question for our review is whether the trial court erred in denying the motion to amend. We reverse the trial court’s denial of the motion.

The defendant, William Kennedy, was indicted on April 22, 1997, by a Wilson County grand jury for one count of statutory rape. The indictment alleges in pertinent part:

William Kennedy on the_day of…