Choen v. State

By plea in abatement, and by motion to-quash, the appellant has raised the question whether the indictment is defective, because not signed by the prosecuting attorney, but by one who signed as “ special prosecuting attorney,” the record not showing affirmatively the ajzpointment; of a special prosecuting attorney.

The law provides for the appointment by the judge of the-court of “ some person to prosecute,” if the prosecuting attorney fails to attend, and' the pez’son so appointed may well be designated as a special prosecuting attorney. R. S. 1881,, section 5865. And, by the use of the word…