Lundy v. State

Eberhardt, Judge.

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 abatement based upon Code § 59-114 are expressly abandoned in the brief. See Long v. State, 160 Ga. 292 (127 SE 842), holding that a similar Act…