Cary v. State

The defendant was convicted of the offense of cheating and swindling, and his motion for new trial was overruled. On the call of the case the defendant interposed a demurrer to the indictment, which was overruled. The bill of exceptions recites that to the judgment on the demurrer “the defendant immediately tendered exceptions pendente lite, which were promptly approved, certified, and ordered filed by the court.” However, the final bill of exceptions contains no direct assignment of error on either the exceptions pendente lite or the judgment therein complained of. The overruling of the…