Judges: BUFORD, J.
Attorneys: Martin Martin, for Petitioner;
Cary D. Landis, Attorney General and Roy Campbell, Assistant for Respondent.
Filed: Mar. 22, 1937
Latest Update: Mar. 02, 2020
Summary: This is a proceeding in habeas corpus, original jurisdiction. The petitioner was indicted in the Circuit Court of Columbia County. The indictment charged: "That Nathan Lewis, late of said county, on the 27th day of March, A.D. 1936, in the county and state aforesaid, did then and there unlawfully break and enter a building of another, to-wit: A dwelling house, the property of Clyde Evans, with intent then and there to commit a felony, to-wit: *Page 489 Rape; Contrary to the form of the statute i
Summary: This is a proceeding in habeas corpus, original jurisdiction. The petitioner was indicted in the Circuit Court of Columbia County. The indictment charged: "That Nathan Lewis, late of said county, on the 27th day of March, A.D. 1936, in the county and state aforesaid, did then and there unlawfully break and enter a building of another, to-wit: A dwelling house, the property of Clyde Evans, with intent then and there to commit a felony, to-wit: *Page 489 Rape; Contrary to the form of the statute in..
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The indictment is plainly defective as against direct attack upon motion to quash or demurrer, but I agree to the proposition that upon habeas corpus after plea of guilty interposed, the indictment is good as a charge of crime sufficient to withstand the collateral attack herein made upon it.
