Hamilton v. State

Error is assigned in the bill of exceptions on the overruling of general and special demurrers to the indictment. These exceptions are without merit for the reasons set out in Hamilton v. State, ante, the demurrers and the count of the indictment in question being identical except for the amount of the check involved.

Ground 1 of the amended motion for new trial attempts also to assign error on the overruling of demurrers. This is never a proper ground for a motion for new trial. See Code (Ann.) § 6-701, catchword, “Demurrer.”

Special ground 2 of the amended motion contends that the court erred…