Hathaway v. State

Taylor, J. :

At the Spring term 1890, of the Circuit Court for Marion county, the plaintiff in error was indicted for murder in the first degree of one William J. Jerkins. After various continuances the trial was had at the Spring term 1893, and resulted in a conviction for manslaughter in the second degree. From the sentence pronounced, the defendant seeks reversal here on writ of error.

The first assignment of error insisted upon is the sustaining of the State’s demurrer to a plea in abatement. interposed by the defendant, which plea claimed an abatement of the prosecution upon the ground…