Butler v. State

The appellant was tried by jury upon an indictment returned by the Grand Jury of Decatur County, Indiana, on the charge of murder in the first degree. The jury’s verdict found the defendant guilty of murder in the second degree, and the judgment of the court was that the defendant be committed to the State Penitentiary during his life. The case had been venued to Shelby County, Indiana, and was tried in the Shelby Circuit Court.

The defendant filed a Plea in Abatement alleging in substance that the Grand Jury, which handed down the true bill against the defendant, was not properly selected in…