Smith v. State

STAKELY, Justice.

It is argued on petition for certiorari that the opinion of the -Court of Appeals is contrary to the decision of this court in this same case. Referring to Smith v. State, 34 Ala.App. 45, 38 So.2d 341, the holding was to the effect that the plea in abatement taken to be true on demurrer, shows that the indictment was subject to the groúnds of demurrer raising the point that the grand jury which found the indictment was not drawn in the presence of the officers, as required by law, thereby subjecting the indictment to be invalidated. In Smith v. State, 253 Ala. 277, 44 So.2d…