Price v. State

5 Citing cases

  1. State v. Roy Davis

    322 S.W.2d 232 (Tenn. 1959)   Cited 8 times

    The action of the trial judge was on account of the alleged defects in the search warrants and not material defects in the indictments. Motion to quash an indictment will not be sustained unless it is defective or invalid upon its face. Wireman v. State, 146 Tenn. 676, 244 S.W. 488; Price v. State, 199 Tenn. 345, 287 S.W.2d 14. The warrants copied into the transcripts of these cases cannot be considered, since they have not been made a part of the bill of exceptions but have been exhibited in evidence and authenticated by the trial judge.

  2. Francis v. State

    498 S.W.2d 107 (Tenn. Crim. App. 1973)   Cited 10 times

    * * * * * * "Motion to quash an indictment will not be sustained unless it is defective or invalid upon its face. Wireman v. State, 146 Tenn. 676, 244 S.W. 488; Price v. State, 199 Tenn. 345, 287 S.W.2d 14." The Court reiterated this rule in Smith v. State, 207 Tenn. 219, 338 S.W.2d 610:

  3. Shadden v. State

    488 S.W.2d 54 (Tenn. Crim. App. 1972)   Cited 21 times

    Specifically, the formation and constitution of the Grand Jury cannot be questioned by a motion to quash the indictment, and can only be assailed by a plea in abatement. Ransom v. State, 116 Tenn. 355, 96 S.W. 953; Chairs v. State, 124 Tenn. 630, 139 S.W. 711; Price v. State, 199 Tenn. 345, 287 S.W.2d 14. Notwithstanding those fundamental principles, the trial court, albeit erroneously, apparently treated the motion to quash the indictment as a plea in abatement and permitted presentation of proof.

  4. Yearwood v. State

    455 S.W.2d 612 (Tenn. Crim. App. 1970)   Cited 31 times

    'Motion to quash an indictment will not be sustained unless it is defective or invalid upon its face. Wireman v. State, 146 Tenn. 676, 244 S.W. 488; Price v. State, 199 Tenn. 345, 287 S.W.2d 14.'         The Court reiterated this rule in Smith v. State, 207 Tenn. 219, 338 S.W.2d 610:

  5. State v. Smith

    432 S.W.2d 501 (Tenn. Crim. App. 1968)   Cited 3 times

    'Motion to quash an indictment will not be sustained unless it is defective or invalid upon its face. Wireman v. State, 146 Tenn. 676, 244 S.W. 488; Price v. State, 199 Tenn. 345, 287 S.W.2d 14.'         The Court reiterated this rule in Smith v. State, 207 Tenn. 219, 338 S.W.2d 610: