Moore v. State

Bell, Presiding Judge.

After the terms of court at which the prisoner pleaded nolo contendere and was sentenced for the offense of kidnaping, he filed a motion captioned “Extraordinary Motion for Relief.” The motion, contending that the indictment was void because of systematic exclusion of Negroes from the grand jury and that the plea of nolo contendere was coerced, prayed that the judgment be set aside or that the sentence be commuted to the time already served. Held:

The prisoner could have filed a challenge to the array of grand jurors before indictment; and upon arraignment he could have…