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STATE v. BENN

713 S.W.2d 308 (1986)

STATE of Tennessee, Appellee, v. Curtis J. BENN, Appellant.

Supreme Court of Tennessee, at Nashville.

July 14, 1986.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. & Reporter, Jerry L. Smith, Deputy Atty. Gen., Nashville, for appellee.

Mark T. Smith, Harsh & Kelly, Gallatin, F. Dulin Kelly, Kelly & Jones, Hendersonville, for appellant.

OPINION

FONES, Justice.

We granted this Rule 11 application to determine the authority of a trial judge under T.R.Crim.P. 48(b) to dismiss an indictment for unnecessary delay that falls short of constitutional proportions and under what circumstances such dismissal should be with or without prejudice.

I.

Defendant, Benn, was indicted for possession of marijuana with intent to resell. On the morning of trial, June 30, 1983, defendant advised...

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