Stipp v. State

— This is an appeal from a judgment of conviction based on an indictment which charges that appellants are guilty of operating a place where intoxicating liquors were sold, bartered and given away in violation of §8351 Burns 1914, Acts 1907 p. 689. To this charge appellants filed a plea in abatement presenting an alleged irregularity in the selection of the grand jury which returned the indictment and now challenge the action of the trial court in sustaining a demurrer to that plea. The answer in abatement alleges that after the original members of the grand jury had been selected in…