Legal Opinion

Scott v. State

Court of Appeals of Georgia

Decided October 23, 1978No. 56523PublishedCited by 4 opinions

1Opinion of the Court

Deen, Presiding Judge.

Tony W. Scott appeals from his conviction for burglary and sentence of twelve years to be served in a state penitentiary.

1. Appellant contends that the indictment by the grand jury was defective propter affectum because a grand juror witnessed his attempt to escape from a police patrol car shortly after his arrest. As this complaint is raised for the first time on appeal, it presents nothing for appeal. Johnson v. State, 128 Ga. App. 69 (195 SE2d 676) (1975). Challenge to the indictment must be made prior to the entry of the verdict. Mealor v. State, 135 Ga. App. 682…

2Cases cited3 opinions

  1. Johnson v. StateCourt of Appeals of Georgia · 1973
  2. Mealor v. StateCourt of Appeals of Georgia · 1975
  3. Richardson v. StateCourt of Appeals of Georgia · 1977

3Cited by4 opinions

  1. Allen v. StateCourt of Appeals of Georgia · 1981
  2. Chamlee v. StateCourt of Appeals of Georgia · 1983
  3. Chamlee v. StateCourt of Appeals of Georgia · 1983
  4. Respress v. StateCourt of Appeals of Georgia · 1983

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