
    Banks v. The State.
    Argued October 22,
    Decided November 7, 1901.
    Indictment for larceny. Before Judge Reagan. Monroe superior court. August term, 1901.
    
      John R. Cooper, for plaintiff in error.
    
      O. H. B. Bloodworth, solicitor-general, contra.
   Simmons, C. J.

1. Where a demurrer to an indictment is overruled, a bill of exceptions complaining of this judgment must, under the Civil Code, § 5540, be tendered within twenty days from the date of the judgment. If the accused is convicted and a motion for new trial made and overruled, and a bill of exceptions, complaining of the overruling of the demurrer and of the refusal of a new trial, is tendered within twenty days from the date of the refusal to grant a new trial but not within twenty days from the overruling of the demurrer, the writ of error will not be dismissed, but the exceptions relating to the refusal of a new trial will alone be considered.

2. Under the facts disclosed by the evidence of the defendant and the counter-showing made by the State, there was no error in refusing a continuance. The court did not err in the charge of which complaint is made, nor in the admission of evidence; and the verdict was authorized by the evidence.

Judgment affirmed.

All the Justices concurring.  