Moore v. State

The accused was indicted under Code, § 89-9907, for malpractice in office. Upon the call of the ease for trial he presented a timely plea in abatement and a motion to quash the indictment. Ground 3 of the plea and motion reads as follows: “The indictment should be abated and quashed for the further reason that it is one of those indictments wherein the law requires that before it can be returned at all it must be served upon the defendant, a copy of it to be served upon the defendant, and he given the opportunity to appear before the grand jury and testify himself, and to bring his witnesses,…