State Ex Rel. Norfleet v. Swafford

Mr. Special Justice Norman Farrell

delivered the opinion of the Court. *

These two cases were heard together by consent of counsel. They are habeas corpus proceedings brought in the Circuit Court of Davidson County, by which the re-lators seek their release from the custody of the warden upon the ground that they were sentenced under void indictments.

The Circuit Court dismissed both petitions and relators bring their cases here for review.

Not only are the facts in both cases the same, but they are undisputed.

The relators were arrested September 5, 7, 1938, charged with the robbery of certain…