Elder v. State

This was a criminal prosecution upon affidavit and information, under section 1679, R. S. 1881. The-*163affidavit and information were both in two counts. The first count of each charged the crime of burglary, and each second count charged grand larceny.

The defendant, the appellant here, upon oath, pleaded in abatement that the Clay Circuit Court had no lawful jurisdiction either of the defendant or over the subject-matter of the prosecution, because there had been no indictment returned against him for the offences with which he stood charged, but that he was held for trial on the charges of…