Gower v. State

The Code, § 27-1501, provides that, "“If the prisoner, upon being arraigned, shall demur to the indictment, . . the demurrer . . shall be made in writing.”' “Where the accused desires to take exception to the form of an indictment or accusation, it is essential that he should do so by a demurrer or motion to quash, made in writing and before pleading to the merits. If, however, the indictment or accusation is so defective that judgment upon it would be arrested, attention may be called to this defect at any time during the trial, and it may be quashed on oral motion. These rules are clearly…