Hopper v. Kemp

Nichols, Chief Justice.

This is an appeal in a habeas corpus case where the court hearing the petition ordered the trial court’s judgment vacated and required that the prisoner be reindicted and retried within a stated period of time.

The indictment was signed by the foreman of the grand jury but did not contain the names of the members of the grand jury who acted on such true bill. The habeas court held that while the prisoner could waive such defect the record in this case does not disclose that the prisoner himself waived this formal requirement of the indictment, either orally or in…