Batchelor v. State

J. H. Batchelor was convicted of committing adultery with Mrs. Annie Laurie Dyes, the wife of S. L. Dyes. The first question for determination is whether or not the court erred in overruling the defendant’s plea in abatement to the accusation, which set up that “said accusation and affidavit is based on a warrant sworn out by the husband of Mrs. Annie Laurie Dyes, with whom the defendant is charged in said accusation with the offense of adultery and fornication.”

In passing on the plea in abatement the court could consider the record in the case. Fitzgerald Granitoid Co. v. Alpha Portland…