Tatum v. State

1. The questions attempted to be raised by the demurrer could properly have been raised only by a plea in abatement, since the accusation itself did not show that the person who made the affidavit which was the basis of the accusation was the solicitor of the city court who preferred and , signed the accusation; and the statement in the demurrer that the accusation was made by the said solicitor could not be considered. The demurrer was a “speaking” one, and was properly overruled.

2. The constitutional questions; even if they could have been presented in this case by demurrer, were not…