Balden v. State

delivered the opinion of the Court..The plaintiff in error was indicted in the criminal court of Davidson county for the larceny of a pistol, of the value of fifteen dollars. He filed his plea in abatement, which was demurred to by the State. The demurrer -was sustained, and the plea in abatement was accordingly disallowed. The case was thereupon tried on its merits, and the plaintiff in error was found guilty of petit larceny, and sentenced to one day’s confinement in the county workhouse. He filed his motion for new trial, which was overruled. He thereupon appealed to this court, and has…