People v. Butler

Opinion by

Miller, J.; Bowers, O. J., and Kelly, J., concurring.

The defendant was indicted by the grand jury of the county of Ada, at the NoYember term, 1868, for the crime of robbery. Upon being arraigned, the defendant demurred to the indictment on the ground that “the facts therein stated do not constitute a public offense.” After argument, the demurrer was overruled by the court, to which ruling defendant’s counsel excepted. Afterwards the defendant moved the court to set aside the indictment on the ground “that said indictment is not signed by the proper officer; that said indictment is…