Batten v. State

— On the 26th day of October, 1881, the grand jury of Brown county returned an indictment against the appellant, charging him with murder in the first degree. The appellant, on the 6th day of January, 1882, filed a plea in abatement, wherein it is alleged, in substance, that the case was continued from the October term of the Brown Circuit Court, until the January term; that it was set down for trial on the 3d day of January, 1882; that the appellant was confined in jail, and was not in court when the case was continued; that he did not consent to such continuance; that the Brown Circuit…