Sharpe v. State

The defendant, under indictment for a misde*213meanor, made a demand for trial at the second term after the indictment was found. The judge refused to allow the demand, and from the order refusing to allow the demand the defendant sued out a bill of exceptions.

We are of the opinion that the bill of exceptions is premature. The remedy of the defendant was to except pendente lite, and then assign error in a bill of exceptions sued out from the final judgment. Couch v. State, 28 Ga. 64; Civil Code (1910), § 6138. Even if the demand had been allowed, that would not have been a final disposition of…