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STATE v. NIELSEN

44 S.W.3d 496 (2001)

STATE of Tennessee v. Kai ("Guy") NIELSEN and Betty Nielsen.

Supreme Court of Tennessee, at Knoxville.

May 4, 2001.

Attorney(s) appearing for the Case

Timothy S. Belisle, Johnson City, TN, for the appellants, Kai and Betty Nielsen.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General; Ellen H. Pollack, Assistant Attorney General; David Crockett, District Attorney General; and Kent Garland, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

ANDERSON, C.J., delivered the opinion of the court, in which DROWOTA, BIRCH and HOLDER, JJ., joined.

We granted this appeal to determine whether a superseding indictment issued after the statute of limitations has elapsed must allege that the prosecution was timely commenced within the statutory period. After the trial court refused to dismiss the indictment, the defendants were tried and convicted...

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