State v. Pittman

BLACKBURN, Presiding Judge.

In this criminal action alleging RICO 1 violations, the State in its appeal of the trial court’s grant of defendants’ special demurrer argues that the thirteen-page indictment adequately alleged the elements of the two RICO counts. Because the indictment set forth sufficient detail to withstand the special demurrer, we reverse.

In reviewing a ruling on a special demurrer, we apply a de novo standard of review because it is a question of law whether the allegations in the indictment are legally sufficient. See Geele v. State. 2 The indictment here alleged two RICO…