State v. Hogan

THOMPSON, Jr

(dissenting). It is only a deep sense of conviction and a dúty, as I see it, which compels me to dissent from the reasons on which the opinion and decree in this case are founded.

The ruling of the court, as I understand,it, is predicated on the theory that the hill of exception No. 1 was reserved to the refusal of the trial judge to try the plea of jurisdiction in limine and of his referring that plea to the trial of the case on the merits by the jury as an issue of fact.

In the opinion handed down it is stated:

“ * * *• Upon filing the plea and motion, counsel for defendant…