State v. Grady

OPINION

DAUGHTREY, Judge.

The State of Tennessee contests * the order of the trial judge, in which he dismissed two indictments against Luther E. Grady. Jr. on the ground that they were returned solely on the basis of hearsay evidence presented to the Bradley County Grand Jury by the chief investigating officer. The trial judge ruled that “based upon Rule 5.1(a) of the Tennessee Criminal Rules of Procedure, and the decision of the [Tennessee] Supreme Court in Waugh v. State of Tennessee, 564 S.W.2d 654 (1978), that something more than heresay [sic] evidence is necessary before the Defendant can…