Bone v. State

The defendant was indicted for burglary. He was convicted of larceny from the house. The first ground of the amendment to the motion for new trial is as follows: “Because the court erred in overruling the demurrer to the indictment in this case filed by defendant before arraignment and pleading.” Since the overruling of a demurrer to an indictment can not be made a ground of a motion for new trial (Coulson v. State, 13 Ga. App. 148, 78 S. E. 1108), and no assignment of error having been made in the hill of exceptions on the overruling of the demurrer, the question is not properly before this…