Sowders v. Commonwealth

Opinion op the Court by

Judge Clarke

Affirming.

Appellant was indicted, tried and convicted for an assault and battery at a special term of the Bell circuit court. For reversal of the judgment he insists that the court erred (1) in overruling his motion to quash the indictment, and (2) in setting the case for trial at the special term over his objections and exception.

Even if the court had erred in overruling the motion to quash the indictment, we could not order a reversal for that reason, since in that matter the action of the trial court is final. Section 281, Criminal Code; Commonwealth v.…