Day before trial, defense attorney files motion to quash indictment for manufacture with intent to deliver simulated controlled substance. Claims I need to more specifically allege the manner of manufacture. In reviewing Ferguson, 622 S.W.2d 846, I think he might be right. (shudder) I don't think Barbernell, 221 S.W.3d 914 gives me enough to argue otherwise.

That being said, the allegations are that store owner buys K-2 and then makes his own, milder blend and repackages for sale. Search warrant turns up large amount. However, of all the items tested, only one tests positive for AM-2201. Indictment alleges manufacture with intent to deliver.

With that being said, can I amend indictment to allege alternate means of manufacture. I believe mixing is appropriate but I don't want to get into an argument over the meaning of mixing. The defintition also allows for any other process. Thinking of alleging mixing, blending or any process unknown to the grand jury. Does this sufficiently plead to no longer being subject to the motion to quash?

Cases?

Thanks