Cook v. Wier

Bell, Justice.

The question for decision in this case is whether a person charged with a felony other than a capital felony can *419waive indictment by a writing signed by his attorney and not by himself. Ethel Mahoney, an interested individual, filed in the superior court an application for the writ of habeas corpus against E. W. Wier, the county warden, seeking the Telease of William Cook, who it was alleged was being detained and deprived of his liberty under a purported judgment of the superior court sentencing him to the penitentiary for a term of years for the alleged crime of burglary. The…