Canto v. State

Appellant was convicted of manslaughter in the first degree and sentenced to a term of 10 years’ imprisonment. The appeal is upon the record proper without a bill of exceptions.(1) Error cannot be predicated upon the overruling of the motion to quash the indictment; it is a matter of discretion with the trial court whether it will put the defendant to his demurrer or plea in abatement, as the case may be. — Amos Smith’s Case, infra, 73 South. 824; Bryant’s Case, 79 Ala. 724; Mosely’s Case, 1 Ala. App. 108, 56 South. 35; Josiah Clark’s Case, 14 Ala. App. 633, 72 South. 291.(2) The statute…