State v. Adair

Harrington, J.,

delivering the opinion of the court:

The motion of the State to dismiss the plea is based on two grounds: First: That the plea was filed too late and that the alleged defects relied on are therefore waived, and, Second: That it failed by proper allegations to show that the defendant was injured by the alleged irregularities relied on; and that it also lacked particularity in other respects.

A plea in abatement being a dilatory plea, which does not finally dispose of the subject matter of the indictment, is not favored by the law. Thompson & Merriam on Juries § 533; U. S. v.…