Bryant v. State, 161 S.E.2d 312 (Ga. 1968). · Go Syfert
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Bryant v. State, 161 S.E.2d 312 (Ga. 1968). Cases Citing This Book View Copy Cite
39 citation events across 2 distinct courts.
Strongest positive: Garcia v. State (gactapp, 1993-03-12)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 3 distinct citers.
discussed Cited "see" Garcia v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Bryant v. State, 224 Ga. 235 ( 161 SE2d 312 ) (1968); Houston, supra at (2); cf. Allen v. State, 110 Ga. App. 56 ( 137 SE2d 711 ) (1964) (trial court should have allowed defendant to present evidence in support of his motion to quash challenging manner of selecting grand jurors).
examined Cited "see" Welch v. State (4×)
Ga. Ct. App. · 1973 · signal: see · confidence high
See Bryant v. State, 224 Ga. 235 ( 161 SE2d 312 ) and cits.; Powers v. State, 172 Ga. 1 (3) (157 SE195); Farmer v. State, 228 Ga. 225 (3) ( 184 SE2d 647 ) and cit.; Summers v. State, 63 Ga. App. 445, 447 ( 11 SE2d 409 ). 2.
discussed Cited "see, e.g." Smith v. State (2×)
Ga. · 1968 · signal: see also · confidence low
See also Bryant v. State, 224 Ga. 235 ( 161 SE2d 312 ); Wooten v. State, 224 Ga. 106 ( 160 SE2d 403 ). 2.
Bryant
v.
the State
24553.
Supreme Court of Georgia.
Apr 8, 1968.
161 S.E.2d 312
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.
Almand.
Cited by 19 opinions  |  Published
Almand, Presiding Justice.

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.

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:

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

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.

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

Judgment affirmed.

All the Justices concur.