Epps v. CommonwealthAnnotate this Case
An indictment returned by a grand jury as a true bill in open court is not invalid when the order recording the indictment was not entered until after the trial on the indictment and no objection was made to the indictment until after trial.
The court of appeals affirmed Defendant’s convictions for assault and battery and abduction, concluding that Defendant was properly indicted even where no order recording the presentation of the indictment in open court had been entered prior to Defendant’s trial. The Supreme Court affirmed, holding (1) there is no time requirement for entry of an order recording the return of an indictment in open court; and (2) therefore, the circuit court’s delay in entering the order recording the grand jury’s action did not render Defendant’s indictment invalid. Further, Defendant waived his right to object to the indictment.