Moore v. State

Appellant was convicted of transporting intoxicating liquor (Acts 1925, ch. 48, §4, §2717 Burns 1926), and assigns as error upon appeal the overruling of his motion for a new trial.

One of the alleged errors sought to be presented upon appeal is, “The court erred in sustaining the state’s demurrer to the plea in abatement filed by the appellant.” This is the first cause alleged in the motion for a new trial. A plea in abatement must be filed before a plea in bar. As a pleading, it is analogous to a motion to quash, the difference being that the latter is directed to what appears upon the face…