Phelps v. State

Pannell, Judge.

1. Exceptions to the overruling of a plea of former jeopardy cannot be raised in a motion for a new trial. Denson v. State, 209 Ga. 355 (1) (72 SE2d 725).

2. The plea of former jeopardy is a personal privilege and may be waived, and going to trial without filing any plea of former jeopardy or invoking any action on such plea amounts to a waiver of such privilege. Key v. State, 84 Ga. App. 599, 600 (66 SE2d 773).

3. There is no enumeration of error on double jeopardy or res judicata. Therefore, this court is not authorized to pass upon these questions. As was said by Chief Justice…