Although the defendant may plead to and go to trial on a defective indictment or information if he chooses, yet he is not bound to do so. He may, before pleading, enter his motion to quash the indict-ment, or he may demur thereto, according to the practice prevailing in the respective jurisdictions. In the state courts the former practice generally prevails; but in the federal courts the practice is to demur to the indictment. A motion to quash is also the proper practice in the federal courts where the objections do not appear in or on the indictment, but rather to some unlawful method of finding the indictment which must be presented to the court by affidavit.

73 Hughes' Cr. Law, Sec. 2762.

74 Truitt vs. People, 88 Ill., 521.

75 Bigham vs. State, 59 Miss., 530; Hughes' Cr. Law, Sec. 2782.