Roberson v. Balkcom

Hawkins, Justice.

1. Under the common law, which was of force in this State until changed by statute (Foster v. Withrow, 201 Ga. 260, 262, 39 S. E. 2d 466), the return of an indictment by the grand jury was a necessary prerequisite to the jurisdiction of the courts of this State to try a person charged with a felony. Gordon v. State, 102 Ga. 673, 680 (29 S. E. 444), and cases there cited; Webb v. Henlery, 209 Ga. 447 (74 S. E. 2d 7); 42 C. J. S. 850, § 11. By Georgia Laws 1935, p. 116 (Code, Ann., § 27-704), the General Assembly changed the then-existing common law. By this act the court was…