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STATE v. KIRKLAND

696 S.W.2d 544 (1985)

STATE of Tennessee, Appellant, v. Dale KIRKLAND, Appellee.

Court of Criminal Appeals of Tennessee, at Nashville.

March 5, 1985.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. & Reporter, Jerry L. Smith, Asst. Atty. Gen., Roe Ellen Coleman, Asst. Dist. Atty. Gen., Nashville, for appellant.

Franklin D. Brabson, Thomas Watson, Nashville, for appellee.

OPINION

O'BRIEN, Judge.

This is an appeal by the State from a judgment in the Davidson County Criminal Court denying the State's motion to amend, and dismissing the indictment with prejudice.

In May, 1983 the Davidson County Grand Jury indicted Dale Kirkland for larceny and concealment of "one (1) 800 Diesel line carburetor". On September 12, 1983, before jury selection for the trial of these offenses had begun, the State moved to amend the...

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