Smith v. Hardrick

Sears, Justice.

The State appeals the granting of relief to Petitioner Hardrick under the writ of habeas corpus. Because we find that Hardrick was convicted and sentenced upon an indictment that was so fundamentally flawed as to charge no crime at all, we affirm.

In November 1993, Hardrick was indicted on charges of rape, aggravated assault, and aggravated sodomy. On the State’s motion, orders of nolle prosequi were entered on the charges of rape and aggravated sodomy, and the State proceeded against Hardrick only on the aggravated assault charge. That particular charge was set forth in Count…