
    Gardner v. The State.
    Argued October 22,
    Decided November 12, 1902.
    Motion for new trial. Before Judge Lewis. City court of Mount Vernon. August 8, 1902.
    
      A. B. Hutcheson, for plaintiff in error.
    
      W. B. Kent, solicitor, contra.
   Simmons, C. J.

A motion for new trial made and filed in vacation is in law a mere nullity. Such a motion should therefore be dismissed, and it is error to entertain it and undertake to decide it upon its merits. Collier v. State, 115 Ga. 17; Johnson v. State, ante.

Judgment reversed, with direction.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.  