The indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in a manner so as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words “force and arms” or “contrary to the form of the statute” necessary.
Code 1858, §§ 5114, 5115; Shan., §§ 7077, 7078; mod. Code 1932, § 11624; T.C.A. (orig. ed.), § 40-1802.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.
Law Reviews.
Amending the Indictment: Substance Over Form (David L. Raybin), 39 No. 11 Tenn. B.J. 14 (2003).
The Language of Mens Rea, 67 Vand. L. Rev. 1327 (2014).