Smith v. State

The plaintiff in error, hereinafter called the defendant, was convicted of the crime of manslaughter in the second degree, and his punishment fixed at two years in the state penitentiary. Motion for a new trial was filed, considered, and overruled, and the defendant has appealed by petition in error with case-made attached to this court.

The first question urged by the defendant is the action of the trial court in overruling his motion to quash the indictment returned by the grand jury against him. The defendant in his action states as grounds for quashing the indictment that the court in…