Smith v. State

Duckworth, Presiding Justice.

1. Disregarding the question whether or not an exception to a dismissal of a plea in abatement, alleging relationship within the sixth degree between two grand jurors and two witnesses, respectively, before the grand jury which returned the present indictment, one of which witnesses was alleged to be in fact the .prosecutor, may, as was done in the present case, be made a special ground of a motion for new trial — the plea, urging a disqualification which was one propter affectum, was not maintainable. Bitting v. State, 165 Ga. 55 (139 S. E. 877); Farrar v. State,…