Boyington v. State

Charles Boyington was indicted and found guilty,, in the Circuit Court of Mobile county, for murder. On his arraignment, he plead in abatement of the indictment, that his name was Charles R. S. Boying-ton ; on which issue having been taken, it was adjudged that he answer over to the felony. The prisoner then filed a special plea, averring that one of the grand jurors who preferred the bill of indictment against him, was, at the time of finding, an alien. The Court below, on motion, struck out the plea,, but reserved the point as novel and difficult. Contended, that the Court erred in striking…