RUDD v. STATE

No. 28,768.

231 Ind. 105 (1952)

107 N.E.2d 168

RUDD v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed August 4, 1952.


Attorney(s) appearing for the Case

Clarence E. Benadum and Frederick F. McClellan, Jr., both of Muncie, for appellant.

J. Emmett McManamon, Attorney General; John Ready O'Connor and William T. McClain, Deputy Attorneys General, for appellee.


EMMERT, J.

The grand jury of Madison County, for the April 1949 term, returned an indictment in three counts charging appellant with murder in the second degree, voluntary manslaughter and involuntary manslaughter. Appellant seasonably filed a plea in abatement to the indictment, wherein he charged violations of several statutes prescribing the duties of the jury commissioners and the clerk. After a hearing the trial court overruled the plea in abatement, and appellant...

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