Ex Parte James Earl Cannon

Summary

The Court held that the burglary indictment was fundamentally defective because it failed to allege the requisite intent to commit a felony or theft, rendering the conviction void and the writ of habeas corpus granted. The Court reasoned that such jurisdictional defects cannot be waived and may be raised at any time. The decision was accompanied by a concurrence affirming the holding and two dissents criticizing the majority's approach.