Smith v. State

On Motion for Rehearing.

Gardner, P. J.

A motion for a rehearing is made in this case by the defendant in the trial court, Rufus Smith, based on the grounds that there had actually been a final disposition of this case in the Superior Court of Franklin County by the judgment sustaining the general demurrer to his plea of former jeopardy *783and autrefois convict, and that this court, in dismissing the bill of exceptions assigning error on such judgment, erred in doing so on the stated ground that a judgment sustaining a general demurrer to such a plea is not a final disposition of the case in the…