Usher v. State

1. “Mere disqualification of a grand juror propter affectum is not good ground for a plea in abatement, and will not require the dismissal of the charge.” Bitting v. State, 165 Ga. 55 (2) (139 S. E. 877), and cit., including the leading ease of Betts v. State, 66 Ga. 508. “It is immaterial that the judge found against it [a similar plea] on its merits. The same result was reached.” Futrell v. State, 31 Ga. App. 767, 769 (122 S. E. 80). Under the authorities cited, the court did not err in overruling the plea in abatement in the instant case.

2. Evidence that the defendant attempted to burn the…