LUNDY v. STATE

44410.

119 Ga. App. 585 (1969)

168 S.E.2d 199

LUNDY v. THE STATE.

Court of Appeals of Georgia.

Decided April 24, 1969.


Attorney(s) appearing for the Case

Adams, O'Neal, Steele, Thornton, Hemingway & McKenney, H. T. O'Neal, Jr., Manley F. Brown, for appellant.

Jack J. Gautier, District Attorney, for appellee.


EBERHARDT, Judge.

1. Code § 59-114 generally proscribes the practice of succeeding terms of service of grand jurors. However, Section 4 of Ga. L. 1943, pp. 680, 681 provides that a judge of the Superior Court of Bibb County may call back the grand jury which was last drawn and impaneled. Recognizing that the question of the constitutionality of Section 4 of the 1943 Act had not been clearly drawn in issue in the trial court, the grounds of the plea in...

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