Lastinger v. State

(After stating the foregoing facts.) The motion to quash or dismiss the indictment contends that— since the defendant had been previously indicted with the same codefendant for the same offense, and since the codefendant had been convicted and that conviction reversed by the Court of Appeals, but, before the judgment of the Court of Appeals was made the judgment of the trial court—the defendant was again indicted at a time when the trial court had no jurisdiction of the case. This contention is without merit for two reasons. First, it is not contended that the indictment upon which the…