State v. Phillips

SHARP, Chief Justice.

At the conclusion of the evidence defendants moved to dismiss the case on the grounds that the indictment against them was based solely on the perjured testimony of the State’s witness Joe Bill Deyton. The trial court’s denial of this motion constitutes defendants’ first assignment of error. Whether an indictment would ever be subject to dismissal on the foregoing grounds and, if so, under what circumstances, is a question we need not now explore since (1) there is no evidence that perjury was actually committed and (2) defendants’ motion to dismiss was untimely.

The sole…