State v. Tucker

The opinion of the court was delivered by

Harvey, J.:

W. S. Tucker, a former county clerk, was found guilty of embezzlement of funds which came into his hands as such officer. He has appealed and contends that the court erred: (1) In overruling his plea in abatement and motion to quash, and (2) his motion to set aside or correct a journal entry pertaining to the first trial; (3) in denying his plea in bar, and (4) his challenge of a. certain juror for cause.

The question presented on the plea in abatement and motion to-quash arises in this way: A complaint was filed before the justice-of the…