McCool v. State

At a term of the Circuit Court of the county of Howard, held on the 22d day of November, 1852, Me Cool, was indicted for a misdemeanor. At the following term, he pleaded in abatement that the Howard Circuit Court had no jurisdiction to find said indictment. A demurrer to this plea was overruled. Motions to dismiss the suit, and to quash the indictment, were also overruled, and on not guilty pleaded the state had judgment.

The question is, could a term of the Howard Circuit Court be lawfully held at the time the indictment was found? It was held at the time fixed by law previous to 1852. An act…