Dilatory pleas, when entertained.

545.830. No plea in abatement or other dilatory plea to anindictment or information shall be received by any court, unlessthe party offering such plea shall prove the truth thereof byaffidavit or some other evidence.

(RSMo 1939 § 4005)

Prior revisions: 1929 § 3616; 1919 § 3959; 1909 § 5166

(1954) Plea in abatement in criminal prosecution based on stated conclusions that defendant had been compelled to testify before the grand jury which was investigating offense with which defendant was later charged held properly overruled where testimony required was not shown either in verified plea or by evidence. State v. Bright, 269 S.W.2d 615.