Shields v. State

*694DeCARLO, Judge.

Appellant and Gary Luschen were indicted for first degree murder and were tried separately. Luschen was sentenced to death and appellant was sentenced to twenty (20) years.

Defense Counsel filed two pleas in abatement. Plea One challenged the composition of the grand jury, and Plea Two alleged that the grand jury was prejudiced as a result of adverse publicity attending the case. After a hearing with no offer of evidence, the pleas were overruled.

I

Appellant contends the trial court erred in overruling the pleas without demurrer, motion or issue being joined. Further, since no…