Hardin v. State

Hardin the appellant, was indicted in the Court below, for the murder of Peter Yesley, and upon trial, was convicted of the offense a#id sentenced to be hanged.

Before pleading in bar, the defendant pleaded in abatement five several pleas, as follows:

1. Comes now Henry Hardin in person, &c., and saith he is the defendant in a criminal prosecution now pending in this Court, wherein he is charged by indictment with the crime of murder, and that he ought not to be tried upon the same for the reason that before the indictment was found *348against him, to-wit: at the October term of the Clark Circuit…