Scott v. Harshbarger

KenNA, Judge :

Clyde H. Scott brought this proceeding in habeas corpus against the sheriff of Cabell County alleging that he is restrained in custody by virtue of a conviction and sentence of the common pleas court of Cabell County, based upon a void indictment for the crime of abortion. The second count in the indictment charged a prior conviction for a felony, but with that we are not here concerned. The charging part of the first count in the indictment, under which Scott was convicted and sentenced, and which he now says is void because it charges no offense, is as follows: '‘Did…