State v. Smith

The defendant was indicted for the offense denounced by R. S. § 865. He was arraigned, pleaded not guilty, and the case was assigned for trial. Before the trial, and' with the permission of the court, he withdrew his plea and filed a motion to quash the indictment. The motion to quash was argued, submitted, and taken under advisement by the court, and was later over- , ruled. On May 12, 1925, the defendant was called for rearraignment, but failed to answer, and on the following day he was tried and convicted. Following the rendition of the verdict and the discharge of the jury, counsel for…