WYATT, Presiding Justice.
Eddie Wilson was convicted of murder, without recommendation to mercy. He duly filed his motion for new trial which was denied. The exception here is to the judgment denying a new trial. Held:
1. We deal first with the assignment of error complaining of the order denying the plea in abatement. The only question raised by the plea is that the indictment was not properly returned in open court, for the reason it was returned...
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