State v. Anderson

Rodney, J.,

delivering the opinion of the Court:

We think the motion to withdraw the pleas of not guilty and the filing of the motions to quash the indictments should be granted.

The matters here involved present interesting and important questions of constitutional law. A proper regard for the rights of a defendant require that when seasonable application be made he be allowed to test the validity of *412the indictment upon which he is to be tried and not be forced to undergo a trial, and in the event of an adverse verdict, then attack the preliminary and basic charge which might have been done in…