Eberhardt v. Barker

Per Guriam.

—The petitioner, Fred 0. Eberhardt, was indicted for libel by the Grand Jury of Highlands County. The indictment was in two counts based on publications of alleged libelous matter on different dates. The two counts differ only as to date of the alleged crime and contents of the article published.

A motion to quash the indictment and each count thereof was overruled. A plea in abatement in the nature of a plea of privilege was interposed setting up petitioner’s right to be prosecuted in Leon County. A demurrer to the plea in abatement was sustained. In this state of the case,…