State v. Jessup

HIGGINS, Justice.

The basic question of law at issue in this case is the validity of the bill of indictment. Indictment is the foundation upon which a felony charge must rest. If it be found defective, the prosecution fails.

In this case, the defendant, a son of W. M. Jessup who died on October 12, 1967, is charged with having stolen $20,100 “of the goods, chattels and moneys of the estate of W. M. Jessup, deceased.” The indictment alleges the offense occurred on October 13, 1967, the day following Mr. Jessup’s death. The deceased did not leave a will. Upon his death eo insianti, the title to…