State v. McCoy

Appellee was indicted by the grand jury of Vanderburgh county for malconduct and misfeasance as judge of the city court of Evansville. He filed a plea in abatement, to which the State filed a demurrer. This demurrer was overruled, the State abided its exception and refused to plead further. From a judgment abating the prosecution the State appeals.

The plea in abatement alleges that the grand jury was impaneled September 13, 1927, at which time it was instructed by the judge as required by law, after which it entered upon its duties; that, after it had been engaged in its deliberations for…