Ashby v. State

delivered the.opinion of the Court.

Plaintiff in error was indicted in the circuit court of Benton county charged with the murder of his wife, Pearlie Ashhy, on the 14th of August, 1910. He was convicted of murder in the first degree, and sentenced to he hanged. Prom this judgment, after his motion for a new trial was overruled, he appealed to this court, and has here assigned errors.

He filed a plea in abatement in the trial court, in which he averred:

“That said indictment was not found or returned into this court by a legally constituted grand jury of Benton county, Tenn. He avers that the…