State v. Lee

This is a presentment for riot. The defendant filed a plea in abatement, and the State demurred to the pina.

The Court overruled the demurrer; and, upon the failure of the State to take issue on the plea or make any further answer thereto, the action was abated and the prisoner discharged.

*115The State has appealed in error.

The plea avers, in' substance, that the presentment was not found upon the knowledge of the grand jury, or any member of that body; but that it Avas found upon the testimony of witnesses sent for and examined by the grand jury, upon the assumption of inquisitorial power, when,…