Brown v. State

The defendant filed two pleas in abatement as follows:

"1. Comes the defendant in his own proper person and for plea in abatement says: The state ought not to further prosecute this indictment against him because the grand jury which found said indictment against the defendant were not drawn by the officers designated by law to draw the same, in that only one of the judges of the circuit court of Montgomery county drew or participated in the drawing or was present at the drawing from the jury box of the persons to supply said grand jury, and the other judge of said court was not sick or…