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STATE v. BROWN

No. A11A2121.

726 S.E.2d 764 (2012)

315 Ga. App. 282

The STATE v. BROWN.

Court of Appeals of Georgia.

March 29, 2012.

Attorney(s) appearing for the Case

Patrick H. Head , John C. Butters , John E. Floyd , Atlanta, for The State.

Roy E. Barnes , Craig A. Gillen , Atlanta, and John Frank Salter Jr. , Albany, for Brown.

MIKELL, Presiding Judge.

The State of Georgia appeals the grant of Dwight Brown's motion in abatement which quashed the indictment against him because it was not returned in "open court." Finding no error, we affirm.1

On January 6, 2011, a Cobb County grand jury returned an indictment against Dwight Brown in a courtroom in the recently constructed Cobb County Courthouse (the "Courthouse"). At the time the indictment was returned...

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