Ricks v. State

on rehearing.

MacIntyre, J.

There is no merit in the first ground of the motion for a rehearing, which complains of the ruling in division one of the opinion. The. plea in abatement alleged merely that the indictment itself did not show on its'face that it was properly returned. No evidence was offered in support of the pléa, and the doctrine of judicial cognizance, the rule of presumption, and the stamp of authenticity borne by the indictment on its face, when applied to the plea in abatement, authorized the judge to enter a judgment overruling the plea. The fact that the judge used the words…