Ellis v. State

The plaintiff in error Avas indicted for assault Avith intent to commit great bodily injury. To the indictment he filed a plea in abatement, challenging the authority of the grand jury Avliich presented the indictment. A demurer to this plea Avas sustained, exception Avas taken, a trial upon the charge had, and the plaintiff in error found guilty of a simple assault, from Avhich conviction he has prosecuted error to this court.

It appears from the plea in abatement that no grand jury had been ordered to be summoned for the April, 1906, term of the district court for Madison county; that during…