State v. Nixon

OPINION

HAYES, Judge.

The State of Tennessee appeals the ruling of the Lauderdale County Circuit Court dismissing, with prejudice, the indictment against the defendants, Anthony Nixon and James Whitelow. On October 2, 1995, the defendants in this case, along with a co-defendant, were indicted for possession with intent to deliver cocaine, a class B felony. 1 The defendants were arraigned, and, on October 28, 1996, the case proceeded to trial. Immediately after the jury was sworn, trial counsel moved to dismiss the indictment “due to the failure of the indictment to state the names of the…