Sullivan v. State

Marshall, Justice.

The defendant appeals from his convictions of aggravated assault and murder, and his concurrent five-year and life sentences. The sole error enumerated is the denial of the appellant’s motion challenging the array of the grand jury, which motion was filed after the return of the indictment and 30 minutes prior to the trial.

“A challenge to the array of grand jurors is waived unless timely filed. As stated in Sanders v. State, 235 Ga. 425 [(219 SE2d 768) (1975) (cert. den. 425 U. S. 976 (96 SC 2177, 48 LE2d 800) (1976))]: ‘In order for such a motion to be entertained by the…