State v. Smith

The defendant was convicted of the crime of murder in the first degree. The case was three times resubmitted to the grand jury. The fourth indictment, and the one upon which the trial and conviction was had, was returned into court on the eighth day of April, 1898, at which time the defendant was arrainged, and at his request the time to plead was extended until the next day at 1 o’clock p. m. On the day fixed he filed a demurrer to said indictment, which, after argument by counsel, was overruled by the court, and thereupon, and upon the same day, he filed a motion to dismiss the indictment,…