Ham v. State

The defendant was convicted of murder in the second degree and-sentenced to the penitentiary for a period of 10 years, from which sentence this appeal is taken.

Numerous exceptions were reserved by the defendant and are here presented for review. The first question presented is the action of the court in sustaining demurrer by the state to the motion to quash the indictment. The motion to quash contained two grounds; the first being that the sheriff did not forthwith serve the jury list upon the defendant as required by section 8644 of the Code of 1923. It is not alleged that the sheriff…