Stockton v. State

In each of these cases a presentment was returned by the grand jury for the offense of public profanity.

A plea in abatement was interposed to each presentment on the ground that it was returned by the grand jury in the exercise of inquisitorial power, whereas the legislature has not vested the grand jury with inquisitorial power in cases of public profanity. The fact that each presentment was so returned was admitted by the State.

The learned assistant attorney-general has filed a written memorandum in this court, expressing his opinion to be that the pleas in abatement were good, for the…