Devereaux v. State
Devereaux v. State
Opinion of the Court
The accusation charged that the defendant unlawfully operated a motor-vehicle upon a public highway “ at a greater speed than ten miles per hour upon approaching a sharp curve and traversing said sharp curve.” A demurrer to the accusation was overruled and exceptions pendente lite were filed. This ruling and the overruling of the defendant’s motion for a new trial are assigned as error in the main bill of exceptions. Held:
1. “ Before exceptions pendente lite can be considered by this court, error must have been originally assigned in the main bill of exceptions upon the exceptions pendente Ule, and not merely upon the judgment complained of in the exceptions pendente lite, or such an assignment must be made, by the permission of this court, before the argument of the case here. Jones v. Ragan, 136 Ga. 653 (71 S. E. 1098) ; Sovereign Camp of Woodmen of the World v. Warner, 25 Ga. App. 449 (103 S. E. 861) ; Carhart v. Mackle, 25 Ga. App. 499 (103 S. E. 855).” Ponder v. State, 25 Ga. App. 768 (105 S. E. 318(1). Under this ruling the exceptions pendente lite in this case can not be considered.
2. None of the grounds of the motion for a new trial points out any error that would authorize the grant of a new trial.
3. There was evidence to support the verdict; it is approved by the trial judge, and this court will not interfere.
Judgment affirmed.
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