Waters v. State

1. A motion in arrest of judgment is a separate cause from the main case and must be predicated upon a defect not amendable which appears on the face of the record or pleadings. Where one has been convicted and sentenced in a criminal case he can maintain a bill of exceptions to the judgment of the court overruling a motion to arrest the judgment, notwithstanding the fact that there is still pending and undisposed of in the lower court a motion for a new trial. Hay v. Collins, 118 Ga. 243 (44 S. E. 1002) ; Earnest v. State, 148 Ga. 632 (97 S. E. 672). Under this ruling the motion to dismiss…