Barnett v. State

BRICKEN, Presiding Judge.

The indictment, upon which this appellant was tried and convicted, was returned by the grand jury at a special term of the circuit court, regularly called and organized in the month of August, 1936.

At the subsequent October term, this cause was tried and determined. Before entering upon the trial the defendant challenged the indictment (1) by motion to quash, (2) by plea in abatement; said motion and plea being predicated upon the grounds that the grand jury which found the indictment was not drawn in the presence of the officers designated by law.

As to the motion to…