State Ex Rel. Turner v. McClure

In this prohibition proceeding, the relator asserts that the indictment against her is void and she therefore prays that the eminent judge of the trial court, and also the prosecuting attorney, be prohibited “from proceeding with the prosecution of the petitioner upon the indictment * *

In order to warrant the granting of the prayer of the petition, we must determine that the indictment is not merely defective or voidable upon a direct attack, but rather that it is absolutely void in the sense that the trial court has no “jurisdiction” to proceed with a prosecution under the indictment. It is…