McClelland v. State

1. A constitutional question cannot be raised for the first time in a motion for a new trial. It must be raised in some way pending the trial. Hendry v. State, 147 Ga. 260 (8) (93 S. E. 413). In the instant case a ground of the motion for a new trial is as follows: “ Because the court erred, after the jury was impaneled, over the express objection of the defendant, ordered [in ordering] that ‘everybody be excluded from the gallery and all minors and women from the court-room;’ which order was obeyed and the parties referred to were excluded from the court-room. This action of the court…