Jackson v. State

RICE, Judge.

Appellant was tried under an indictment for the offense denounced by the law of our state as codified into section 4717 (1) of Michie’s Code of 1928. The indictment, following the language of said statute was, of course, not subject to the demurrers interposed.

The offense charged in the indictment being a felony, manifestly no prosecution for a misdemeanor, merely pending, in an inferior court could be a cause for the abatement of the proceedings. Hence, the demurrers to appellant’s plea in abatement were properly sustained.

It was proper to allow the State’s witnesses to testify —…