Spell v. State

Grice, Justice.

The enumerations of error in this appeal are the denial of appellant’s motions for a new trial on his plea of insanity at the time of trial on an indictment for murder, for appointment of a psychiatrist to examine him, and to suppress certain evidence. However, none of these affords any basis for the jurisdiction of this court.

The motion for new trial involved only the appellant’s plea of insanity at the time of trial. Insofar as this record shows there had been no trial upon the murder charge. This court has repeatedly held that it has jurisdiction in criminal cases under the…