Hightower v. State

1. No cause can be carried to the Supreme Court or to the Court of Appeals.upon a bill of exceptions so long as the case is pending in the court below, unless a final disposition of the cause, or a. disposition final as to some material party thereto, would have been made if the court had rendered the decision or judgment which the plaintiff in error claims should have been rendered therein. Civil Code (1910), § 6138.

2. A plea in abatement, whether traversed or untraversed, can not be sustained, without evidence to support it. Wells v. State, 118 Ga. 556 (9) (45 S. E. 443).

3. The sustaining…