Durden v. State

The defendant was indicted for murder in the first degree, convicted for murder in the second degree, and sentenced to the penitentiary for a term of 15 years.

No matter what our opinion may be, in reference to the legality of the grand jury that found and returned the indictment against the defendant, and whether the defendant can here raise these questions by plea in abatement, we are precluded from a consideration thereof by the decision of the Supreme Court in the case of Babe Whitehead v. State, 90 South. 351. This court is bound by the ruling of the Supreme Court.

The defendant complains…