Luke v. State

The exceptions pendente lite ' (complaining of the overruling of a demurrer to the indictment) can not be considered by this court, for the reason that the bill of exceptions contains no assignment of error either upon the exceptions pendente lite or upon the ruling excepted to therein.

*314Decided April 15, 1930. Smith & Millican, for plaintiff in error. W. Y. Atkinson, solicitor-general, Willis Smith, contra.

2. The motion for a new trial complains of the overruling of a demurrer to the indictment. Under repeated rulings of the Supreme Court and of this court, such a judgment can not be the basis…