Grace v. State

The defendant filed a plea in abatement, alleging that he was forced to go before the grand jury that found the indictment and to there give evidence relating to the charge, etc. This defense was pleaded by way of abatement, and was by the court submitted to the jury under the rule recognized in Burt v. State, 20 Ala. App. 296, 101 So. 768, and Ex parte Burt, 212 Ala. 96, 101 So. 770.

The plea in abatement and the plea of not guilty were submitted to the jury at the same time. This was irregular, but, having been submitted together without objection, the defendant waived the right to have the…