
    Allen v. The State.
    No. 5849.
    September 7, 1927.
   Hines, J.

The judgment which the defendant sought to have arrested having this day been set aside by this court, upon the defendant’s motion for a new trial (ante 669), the questions for decision in this case have become moot, and the bill of exceptions is for that reason dismissed. Writ of error dismissed.

Criminal Law, 17 C. J. p. 24, n. 1, 3; p. 203, n. 85.

All the Justices concur.

Russell, C.. J.,

concurring specially. I agree that if the court had had jurisdiction to grant a writ of error by certifying a second bill of exceptions, the result reached would be a correct conclusion. However, under my view the power of the lower court was exhausted in certifying the prior bill of exceptions, and the proper practice would require a dismissal of the bill of exceptions.  