Harris v. State

Tenkins, Justice.

The defendant filed to his indictment for a capital felony a plea in abatement, attacking the qualifications and procedure of the grand jurors in the return of the indictment. After rulings striking certain portions of the plea on demurrer by the State, the issues of fact raised by the unstricken parts were tried by a special jury, which returned a verdict “ against the plea in abatement.” The defendant brought to this court a bill of exceptions assigning error on the refusal of a new trial from this verdict alone, and on exceptions pendente lite to the ruling on the plea.…