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SULLIVAN v. STATE

36541.

246 Ga. 426 (1980)

273 S.E.2d 401

SULLIVAN v. THE STATE.

Supreme Court of Georgia.

Decided September 24, 1980.

Attorney(s) appearing for the Case

G. F. Peterman, III, for appellant.

W. Don Thompson, District Attorney, Willis B. Sparks, III, Assistant District Attorney, Arthur K. Bolton, Attorney General, Mary Beth Westmoreland, Assistant Attorney General, for appellee.

MARSHALL, Justice.

The defendant appeals from his convictions of aggravated assault and murder, and his concurrent five-year and life sentences. The sole error enumerated is the denial of the appellant's motion challenging the array of the grand jury, which motion was filed after the return of the indictment and 30 minutes prior to the trial.

"A challenge to the array of grand jurors is waived unless timely filed. As stated in Sanders v. State,

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