Blackwell v. State

1. This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § C138.

2. It is well settled that the striking of a defendant’s plea is not a final judgment, and that a direct bill of exceptions complaining of such a judgment will not lie. The overruling or striking of a plea of autrefois acquit or autrefois convict comes within this rule. Giles v. State, 34 Ga. App. 201 (129 S. E. 12) ; Heard v. State, 45 Ga. App. 375 (164 S. E. 467) ; English v. Rosenkrantz, 150 Ga. 745.

3. While the defendant in error has made no…