Rowland v. State

— Several questions of practice are presented by the State, but we think it unnecessary to discuss or decide them, inasmuch as the judgment must be affirmed upon the principal question in the case. That question arises upon *518the ruling of the trial court made on an issue of fact joined on a plea in abatement filed by the accused.

Filed Jan. 15, 1891.

It appears from the evidence that upon the original information filed against the appellant, a judgment was rendered in his favor on a plea in abatement, and that the court, upon entering the judgment, ordered the sheriff to retain him in custody.…