Clinkscales v. State

Carlisle, Judge.

The first ground of the plea in abatement raises the question plainly and simply of whether or not a valid indictment has been returned when the same is returned at a time when the court is presided over by a disqualified judge. It is clear under the facts recited in the plea that the manner in which the special presentment was returned into' court was in accordance with all of the requirements of the law as to' the valid return of an indictment. Danforth v. State, 75 Ga. 614, 620 (58 Am. Rep. 480); Zugar v. State, 194 Ga. 285, 286 (21 S. E. 2d 647). The judge was on the bench…