State v. Roberts
Indiana Supreme Court
From Fayette Circuit Court; George L. Gray, Judge. Prosecution by tbe State of Indiana against George Eoberts. From a judgment overruling tbe State’s demurrer to defendant’s plea in abatement and discharging defendant, the State appeals.
1Opinion of the CourtMontgomery, J.
—Appellee was charged by affidavit and information with assault and battery with intent to mnrder. He filed a plea in abatement to the charge, and the State’s demurrer thereto, for want of facts to avoid and abate the action, was overruled. An exception to the ruling was reserved as a point of law for the decision of this court; and, the State declining to plead further, appellee was discharged.
The answer in abatement, omitting the caption, is as follows: “Comes now George Roberts, the defendant in the above-entitled cause, and, for answer by way of abatement to the affidavit and information…
2Cases cited8 opinions
- State v. HattaboughIndiana Supreme Court · 1879
- State v. BoswellIndiana Supreme Court · 1886
- Price v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1862
- Lankford v. StateIndiana Supreme Court · 1896
- Combs v. Union Trust Co.Indiana Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Pollard v. Criminal Ct. of Marion Cty.Indiana Supreme Court · 1975
- Fender v. PhillipsIndiana Court of Appeals · 1915
- Darnell v. StateIndiana Supreme Court · 1910
- King v. StateIndiana Supreme Court · 1957
- Meixell v. American Motor Car Sales Co.Indiana Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.