Sellars v. State

Nichols, Presiding Judge.

It is fundamental that indictments must be returned in open court. See Zugar v. State, 194 Ga. 285 (21 SE2d 64); Cadle v. State, 101 Ga. App. 175 (113 SE2d 180). The motion in the present case complains that the indictment is dated on September 15, 1965, was filed in the clerk’s office on September 16, 1965, and did not show on its face that it was returned in open court.

Assuming without deciding that the oral motion to quash was sufficient to raise the question presented — but see Peppers v. Balkcom, 218 Ga. 749, 750 (130 SE2d 709) — the minutes of the court which…