![]() In all felony cases, other than cases involving capital felonies, ․ the district attorney shall have authority to prefer accusations, and such defendants shall be tried on such accusations, provided that defendants going to trial under such accusations shall, in writing, waive indictment by a grand jury. Because of the failure to indict Weatherbed, his conviction and sentence are void and must be reversed. “The judgment of a court having no jurisdiction of the person or subject matter, or void for any other cause, is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it.” OCGA § 17–9–4. Through counsel, he filed a motion for an out-of-time appeal on August 13, 1998, asserting that his trial counsel was ineffective for not informing him of his right to appeal, and the court denied the motion. On November 28, 1995, he filed a pro se “Motion for Extension to Appeal,” which was denied. He was represented by counsel and waived indictment in writing. ![]() On October 20, 1995, Weatherbed pled guilty to an accusation for malice murder and was sentenced to life in prison. For the reasons which follow, we reverse. Weatherbed appeals the trial court's denial of his motion for an out-of-time appeal. ![]() ![]() Maddox Kilgore, Assistant Attorney General, for appellee. ![]() Smith, Senior Assistant Attorney General, H. ![]()
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