Jones v. State

¶ 13. In my view this indictment failed to charge any crime. I would grant the requested relief.

¶ 14. The majority agrees that an indictment’s failure to charge an offense is not waived by a guilty.plea. However, it finds that this indictment did not suffer from that defect. The majority surely agrees that the body of the indictment in no manner charged the core illegal act that Jones was alleged to have committed, namely, escaping. It charged that Jones did an unstated act unlawfully “from said penitentiary.” Escape is not the only crime that can be committed from a prison. The charging…