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224 Ga. 235

161 S.E.2d 312

Bryant v. State

Supreme Court of Georgia

Decided April 8, 1968

Supreme Court of Georgia · decided 1968-04-08

Relies on Hill v. State · Bradford v. Mills · Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-04-08

How this case has been cited

Cited by 16 later decisions — most recently August 1998

16 state decisions

701968197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Almand, Presiding Justice.

¶1 On the trial of Jimmy Lee Bryant, charged by indictment with the offense of murder, in which he was represented by legal counsel, the jury returned a verdict of guilty with a recommendation of mercy, and he was sentenced to imprisonment for life. His motion for a new trial on the general grounds was overruled, and notice of appeal was filed from the conviction and sentence.

¶2 There are only two enumerations of error, viz., (1) the court erred in denying defendant’s motion to “quash” the indictment upon the ground the defendant was arrested without a warrant and (2) the court erred in denying the defendant’s motion to “quash” the indictment upon the ground that he was never given a committal hearing. Held:

¶3 The record discloses that both motions were made at the close of the introduction of evidence.

¶4 Though the defendant designated these motions as motions to “quash” the indictment, we treat them as being pleas in abatement or a special plea in bar. Regardless of how these motions are designated, such motions must be made in writing upon the defendant’s being arraigned. Code § 27-1501. Where such motions are not made at the proper time, they are deemed to have been waived. Bradford v. Mills, 208 Ga. 198 *236 (2) (66 SE2d 58); Thomas v. State, 71 Ga. 44; Hill v. State, 41 Ga. 484 (2). In the instant case these motions were not made until the evidence was closed.

Submitted March 12, 1968 Decided April 8, 1968. Elsie H. Griner, for appellant. Vickers Neugent, Solicitor General, Arthur K. Bolton, Attorney General, Marion 0. Gordon, Assistant Attorney General, Joel C. Williams, Jr., Deputy Assistant Attorney General, for appellee.

¶5 No error is enumerated on the order denying a new trial.

¶6 Judgment affirmed.

All the Justices concur.
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