Parrish v. State

On Motion for Rehearing.

In Division 7 of the foregoing opinion we held that defendants’ motion to dismiss a portion of the recidivist charges in the indictment constituted a plea in bar, the grant of which the state was statutorily permitted to appeal. The statute which provides for a plea in bar (Code Ann. § 27-1501) contemplates that such a plea be in writing and filed with the trial court upon arraignment and before pleading to the merits. Hall v. State, 103 Ga. 403 (29 SE 915) (1897). Defendants contend that because their motion to dismiss was made orally and after arraignment, said…