Gilmour v. State

Appellant was charged by affidavit with wilfully neglecting and refusing to provide his children with necessary and proper home care, food, and clothing, under §10-1402,1 Burns’ 1942 Replacement. He *456filed a plea and a supplemental plea in abtatement, challenging the jurisdiction of the Rush Circuit Court, to which demurrers were filed and sustained. A plea of not guilty was entered, trial by jury was waived, there was a finding and judgment of guilty, and sentence followed.

The sole error presented is the action of the trial court in sustaining the demurrers to the plea in abatement and the…