Powell, J.
The ease was tried in the city court of Dalton before Judge Longley, who overruled a motion for a new trial on the 29th of December, 1908. His term expired on the 31st of December, and he was succeeded by Judge Glenn. The bill of exceptions complaining of this ruling in overruling the motion for a new trial was presented to Judge Glenn and he signed it. The case is controlled by Scott v. State, ante, 812 (63 S. E. 936). Writ of error dismissed.