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STATE v. MESSAMORE

937 S.W.2d 916 (1996)

STATE of Tennessee, Plaintiff/Appellant, v. Jackie Harold MESSAMORE, Defendant/Appellee. STATE of Tennessee, Plaintiff/Appellant, v. Billy Gene POWELL, Defendant/Appellee.

Supreme Court of Tennessee.

Rehearing Denied December 23, 1996.

Attorney(s) appearing for the Case

Charles W. Burson, Attorney General & Reporter, Gordon W. Smith, Associate Solicitor General, Nashville, Alfred C. Schmutzer, Jr., District Attorney General, James Gass, Assistant Attorney General, Sevierville, Robert Radford, District Attorney General, Huntingdon, for Plaintiffs/Appellants.

John E. Herbison, Attorney for Appellee Messamore, Nashville, Barton F. Robison, Attorney for Appellee Powell, Paris, for Defendants/Appellees.

OPINION

DROWOTA, Justice.

This consolidated appeal presents a single issue for our determination: is an indictment issued beyond the statutory limitations period subject to dismissal if it fails to allege that the prosecution was timely commenced within the applicable limitations period by another method. For the reasons that follow, we hold that such indictments are not subject to dismissal. Accordingly, the judgments of the Court of Criminal Appeals dismissing...

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