SMITH v. HARDRICK

No. S95A1701.

464 S.E.2d 198 (1995)

266 Ga. 54

SMITH v. HARDRICK.

Supreme Court of Georgia.

December 4, 1995.


Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Department of Law, Atlanta, Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, Marla-Deen Brooks, Asst. Atty. Gen., Department of Law, Atlanta, for George Smith.

David Hardrick, Glennville, pro se.


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...

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