Indiana Supreme Court April 29, 1920, No. 23,690 (State v. Smith)

Townsend, C. J.

Appellees were jointly charged with grand larceny before a mayor’s court. They were recognized to the circuit court. There they filed what they termed a plea in abatement, which was in reality an argumentative plea of not guilty.

The state moved to strike out this plea upon the ground that they had already entered a plea of not guilty. This motion was sustained.