William Terry Wyatt v. State of Tennessee

Summary

The Tennessee Supreme Court held that an indictment charging attempted first degree murder was sufficient even though it described the act only by stating that the defendant 'did ... attempt to kill' a named victim on a date certain, without specifying an overt act or the attempt-statute subsection invoked. Reading the criminal attempt statute's plain language to require culpability plus an act, the court found the indictment gave the defendant notice, afforded an adequate basis for judgment, protected against double jeopardy, and therefore vested jurisdiction in the trial court. Because the indictment was sufficient, the conviction and sentence were not void, and habeas corpus relief was properly denied; the court affirmed the lower courts' judgments. It further advised, without binding effect, that prosecutors specify the precise act charged in attempt indictments and that defendants in similar cases consider moving for a bill of particulars.