Banks v. State

Luke, J.

Certain questions of law involved in this case were certified to the Supreme Court, and the preceding headnotes embody the substance of that court’s answers. See the full opinion of* the Supreme Court, 150 Ga. 73 (102 S. E. 519). The court having erroneously stricken the defendant’s special plea in bar, the further proceedings in the ease were nugatory, and a new trial is required. If the defendant on the next trial sustains by *170proof the material allegations of his plea in bar, he will be entitled to an acquittal.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.