Gavin v. State

Phipps, Judge.

We granted Lamar Gavin’s application for interlocutory review of the trial court’s denial of his general demurrer. A general demurrer challenges the sufficiency of the substance of an indictment. “[T]he true test of the sufficiency of an indictment to withstand a general demurrer... is found in the answer to the question: Can the defendant admit the charge as made and still be innocent? If he can, the indictment is fatally defective.” Because the trial court correctly determined that Gavin cannot, we affirm.

The allegations giving rise to this case are as follows. A videotape…