State v. McKain

MilleR, Judge:

C. J. McKain was indicted in the circuit court of Marion county for assault and battery upon Mrs. J. H. Downey. The *129indictment is in the usual form. It was certified by the circuit court to the “Intermediate court” of that county, in pursuance of the act of the Legislature relating thereto, and was therein docketed for trial. Afterwards, in the last mentioned court, the defendant asked leave to file his special plea in writing of autre fois acquit, which being objected to by the State, the objection was sustained, and leave to file the same was refused. Thereupon the defendant…