State v. McDaniel

Devine, Associate Justice.

Appellee was indicted as an accessory after the act, in aiding one Alexander Carter, charged with murder, to escape from the officer having him in custody.

The defendant, McDaniel’s, motion to set aside the indictment, on the ground that no indictment had been found against Carter, the principal, and his plea in abatement, setting forth the death of Carter, were admitted by the District Attorney to be true. The court, on this, dismissed the proceedings and discharged appellee from custody. From this judgment the District Attorney appealed, and has brought the case…