Caison v. State

The accused was put on trial under an indictment for murder. He filed a plea alleging that at the time of the trial he was insane. This special plea was a dilatory one and amounted to a plea in abatement. A bill of exceptions will not lie to a judgment overruling a motion for a new trial where the trial was upon the issues raised by such a plea and the verdict was against the plea. This question is settled by the ruling in Futch v. State, 37 Ga. App. 151 (139 S. E. 110), which is as follows: “A bill of exceptions will not lie to a judgment overruling a motion for a new trial in a criminal…