Pass v. State

The illegality or irregularity of a sentence is not a proper ground of a motion for a new trial, but should be directly assigned as error. Daniel v. State, 6 Ga. App. 164 (64 S. E. 574); Montgomery v. State, 40 Ga. App. 507 (150 S. E. 451). Accordingly, those grounds of the motion for new trial dealing with the form and substance of the sentence are not here considered.

The first special ground of the amended motion for a new trial complains that the trial court failed without request to instruct the jury as to what legally constitutes a right of way, this term being defined in the Uniform…