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STATE v. BROWN

No. S12G1305.

748 S.E.2d 376 (2013)

293 Ga. 493

The STATE v. BROWN.

Supreme Court of Georgia.

September 9, 2013.

Attorney(s) appearing for the Case

John C. Butters , Law Office of John C. Butters, Marietta, John E. Floyd , Bondurant, Mixson & Elmore, LLP, Atlanta, John Stuart Melvin , Asst. Dist. Atty., Cobb Judicial Circuit, D. Victor Reynolds , Dist. Atty., Cobb County District Attorney's Office, for appellant.

Roy E. Barnes , John Frank Salter, Jr. , James Cameron Tribble , The Barnes Law Group, LLC, Marietta, Craig A. Gillen , Thomas A. Withers , Gillen, Withers & Lake, LLC, Anthony Charles Talbott Lake , Gillen, Parker & Withers, Atlanta, for appellee.

BENHAM, Justice.

This appeal is from the grant of a petition for a writ of certiorari. On January 6, 2011, a Cobb County grand jury returned an indictment against appellee Dwight Brown in Judge George Kreeger's courtroom in the newly constructed Cobb County courthouse. Appellee filed a motion in abatement alleging the indictment was not returned in open court. Upon holding a hearing on the motion, the trial court agreed with appellee and quashed the indictment. The...

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