Rogers v. State

This is a prosecution by affidavit in two counts charging appellant with involuntary manslaughter. One of the errors assigned questions the rul ing of the court in sustaining the demurrer to appellant’s plea in abatement. We need not consider whether the demurrer was in proper form.

It appears without controversy that appellant was indicted on October 6, 1936; that on October 14, 1936, the affidavit upon which he was prosecuted was filed, and that it charged the identical offense charged in the indictment. The indictment for the same offense was then pending. On October 15th the indictment was…