State v. Martin

A presentment by the grand jury was returned into the circuit court at Troy, at its November term, 1874, to which the defendant pleaded in abatement that J. A. Par-due, one of the jurors, was the uncle of the defendant, and therefore, incompetent to join in making said presentment-against defendant.

To this plea the state replied that said Pardue was not *479present, and took no part in the consideration of the charge against the defendant.

On motion of the defendant the replication to plea in abatement was stricken out, and presentment quashed, and the attorney-general has appealed to this court.

Th…