State v. Duncan

BRITT, Judge.

By his first assignment of error defendant contends the trial court erred in refusing to hear his motion to quash the indictment. We find no merit in the assignment.

The record on appeal discloses that when the case was called for trial the following transpired: The district attorney *114read the bill of indictment and asked how defendant pled. His attorney then asked to see the indictment after which he stated to the court: “For the record, we move to quash and enter a plea of not guilty.” The court then stated: “Under the new rules, you’re not allowed to move to quash at this time,…