Mattox v. State

Beck, Presiding Justice.

1. Exceptions to conclusions and rulings by the trial judge upon preliminary and collateral issues, such as a challenge to the array of trial jurors, can not properly be made grounds of a motion for new trial, but should be directly excepted to in the bill of exceptions or in exceptions pendente lite duly filed. This was not done in the present case. Herndon v. State, 178 Ga. 832 (174 S. E. 597); Hargroves v. State, 179 Ga. 722 (177 S. E. 561); Benford v. State, 18 Ga. App. 14 (88 S. E. 747).

2. The court did not err in failing to give in charge to the jury the law of…