State v. Peleski

MilleR, Judge:

Defendant was arrested and tried before a justice of the peace, upon a warrant charging him with having in his possession a certain quantity of moonshine liquor. The justice found him guilty as charged, and sentenced him to pay a fine of $125.00, and to be confined in the county jail for a period of thirty days. Defendant appealed to the Circuit Court. Subsequent to the time the appeal was taken, the grand jury returned an indictment against him, charging him with the same offense for which he was tried before the justice. To this indictment defendant filed a plea in abatement,…