Smith v. State

The plaintiff in error, Baalam Smith, has appealed from a conviction of voluntary manslaughter.

The homicide charged in the indictment was committed on January 1, 1919. The indictment was returned in 1933. To this indictment Smith pleaded in abatement that a former indictment, returned at the January term, 1919, charged him with the same offense; that he had not been required to plead to the former indictment, although he had' been within the jurisdiction of the court for twelve years following its return.

During the twelve years referred to in the plea, Smith was confined in the penitentiary…