State v. Murrell

The indictment returned for the purpose of charging Defendant with the offense of robbery with a dangerous weapon was fatally defective because it did not sufficiently allege all of the essential elements of the offense.Defendant was convicted of robbery with a dangerous weapon. The Court of Appeals arrested judgment with respect to the charge of robbery with a dangerous weapon, concluding that the indictment intended to charge Defendant with robbery with a dangerous weapon was fatally defective because it failed to name any dangerous weapon that Defendant allegedly employed. The Supreme Court affirmed, holding that the indictment was fatally defective because it failed to allege sufficiently that Defendant possessed, used, or threatened to use a dangerous weapon. View "State v. Murrell" on Justia Law