752
Stewart vs. State.
[13
disastrous and subversive of the ends of public justice. The accused would never adopt the formality of moving for a new trial, if, by standing on a multitude of exceptions, he could secure a reversal, which entitles him not merely to a discharge, but an immunity from another prosecution.
The prisoner will be surrendered by the keeper of the penitentiary, upon the warrant of this court to its officer, to be by him conveyed and delivered into the custody of the sheriff of Hot Spring county, to await his trial; for which purpose, the cause will be remanded to the court below, with instructions that the same be further proceeded in according to law, and not inconsistent with this opinion.
