State v. Bates

Appellees were charged by indictment with tbe crime of murder in tbe first degree. To tbe indictment they filed a plea in abatement. Appellant’s demurrer to said plea was overruled, and appellant refusing to plead further, tbe court rendered judgment that said action abate, etc. Tbe only error *611a ssigned calls in question the action of the court in overruling the demurrer to said plea in abatement.

It is alleged fn the plea in abatement, in substance, that one Helen L. Hinkle, a stenographer, was present in the' grand jury room at the request of the prosecuting attorney, and took down in…