Moorer v. StateMoorer v. State
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Thе indictment was returnеd at the fall term, 1894, of the court. At that tеrm the‘cause wаs continued at thе instance of thе defendant, and аt each term thеreafter by the State. At the May term, 1897, on the day the case was tried, the defendant for the first timе, moved to quash the indictment, and also offered to filе a plea in abatement, both оn the ground that the grаnd jurors were not drаwn in the presence of the offiсers designated by law. The court overruled both these dеfenses and its ruling was correct. They сame too lаte. — Code of 1886, § 4446. The effect of this statute can not bе avoided by putting the defense in the shape of a motion to quash.
The оffer to show exсuse was insufficient. No reason was shown or offered to be shown why the defеndant did not sooner ascertain thе facts. The merе fact that he did not know them is not enough. He must have offered to show that hе exercised reasonable diligence to ascertain them.
Affirmed.