Roan v. State

The petitioner was arrested and imprisoned on a warrant issued by a justice of the peace on a charge of murder in the first degree. This warrant was superseded and rendered functus officio by an indictment returned by the grand jury of the county charging petitioner with the same and identical offense. On motion of the solicitor, this indictment was quashed and a new indictment ordered by the circuit court, which included an order that the defendant be held without bail to await another indictment to be returned by the grand jury. Code 1923, § 4555.

The petitioner was therefore being held on…