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Cole v. State

The trial court erred in overruling the defendant's special demurrer because the range of dates the defendant allegedly committed the crimes, as set forth in the indictment, was overly broad.

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Following our grant of her application for interlocutory appeal, Tushanna Cole appeals from the trial court’s order overruling her special demurrer to an indictment charging her with Medicaid fraud and theft by taking. Cole contends that the indictment’s identification of 44 individuals identified therein by their initials was improper, and that the range of dates the crimes were committed, as set forth in the indictment, is unreasonably broad. For the reasons set forth below, we conclude that, as the State could have more narrowly stated the dates on which the crimes were committed, the range of dates set forth in the indictment was overly broad, and reverse.

Cole was indicted in the Superior Court of Clayton County for the offenses of

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