Section 15-15-41
When filed generally.
Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is practicable after the defendant has been arrested, but in all cases such a plea in abatement must be filed before the plea to the merits.
(Acts 1909, No. 227, p. 305; Code 1923, §8631; Code 1940, T. 15, §279.)