Brown v. State

Appellant and another were jointly indicted, jointly tried, and each convicted of the offense of transporting “intoxicating liquor in an automobile.” Acts 1925, p. 144, §7, §2720 Burns 1926. A demurrer to appellant’s plea in abatement was sustained. His motion to quash the indictment and his motion for a new trial were each overruled, and each of the foregoing rulings is separately assigned as error.

The pleading denominated a plea in abatement, in substance, averred that the search of the automobile was made by two deputy sheriffs, Brown and Bell, and state police officer Bridges without a…