State v. Drake

— The prosecuting attorney filed a proper affidavit and information in the Shelhy Circuit Court on the 23d day of January, 1890, and during the December term, 1889, of said court, charging the appellee with the crime of arson by burning the barn of one Margaret O’Tool, on the 27th day of March, 1889.

To this affidavit and information the appellee filed a plea in abatement, in which it is alleged that the prosecuting attorney, on the 30th day of December, 1889, during the same December term of court, but at a time when the court was not in session, filed with the clerk of the court an affidavit…