Farrar v. State

Duckworth, Justice.

If the relationship set out in the plea in abatement constitutes a disqualification “propter defectum,” the plea was good, and it was error to dismiss the plea. On the other hand, if it was a disqualification “propter affectum,” the plea in abatement would not lie, and it was properly dismissed. The former stands upon grounds that render the juror disqualified to serve as such in any case, and the latter upon grounds that disqualify him only in the case involved. See 28 C. J. 770; Wright v. Davis, 184 Ga. 846 (193 S. E. 757). It is not contended that the jurors whose…