State v. Gory

Browning, President:

This Court granted a writ of error and supersedeas to a judgment of the Circuit Court of Harrison County of March 9, 1955, which, in effect, affirmed a judgment of the Criminal Court of Harrison County, sentencing defendant, upon a jury verdict of guilty, to one year in jail, and assessing a fine of $500.00.

The first assignment of error is the action of the trial court in sustaining the State’s demurrer to the defendant’s plea in abatement to the indictment, on the ground that the grand jury, which returned the indictment, was illegal. In support of this contention, the…