Balkcom v. McDaniel

Nichols, Chief Justice.

This is an appeal by the respondent warden from an order sustaining the prisoner’s writ of habeas corpus. The petitioner pled guilty to an accusation for burglary in Barrow Superior Court and to two accusations for auto theft in Forsyth Superior Court. The prisoner contended that there was no written waiver of indictment and therefore the court did not have jurisdiction to accept the guilty pleas.

The waiver signed by petitioner in Barrow County read: "Waive formal arraignment, copy of indictment, list of witnesses, sworn before the Grand Jury and agree to strike from a…