State v. . Crowder

In the brief of the Attorney-General it is said, “The State itself filed no affidavits contesting the allegations of fact in the defendant’s affidavits,” and in the defendant’s brief it is affirmed: “There was no denial of the allegations of the affidavits or the plea in abatement; the fact was not questioned and the motion was argued on both' sides upon the assumption that the same was true.”

It is not our province to speculate as to thte result had counter affidavits been filed and had the facts been found, for as the argument here assumed the truth of the affidavits, we must consider the…