152 Ga. 195 | Ga. | 1921
Macie Giddens was tried under an indictment charging him with the offense of murder, it being alleged that he had killed one W. P. Giddens. The jury returned a verdict of
The court did not err in overruling the motion. We do not think that the defect in the indictment here pointed out' could be raised by a motion in arrest. The defendant might have demurred to the indictment upon the defect appearing on the face of it, or possibly he might have filed a plea in abatement. If as many as eighteen grand jurors actually 'participated in the deliberations of the charge against the accused and took part in returning the indictment, the indictment was good after verdict and was not rendered void by the clerical omission of one of the names. It was such a defect in form, however, that upon demurrer the court would have quashed the indictment, so that one perfect in form might be returned. The decision in the case of Williams v. State, 107 Ga. 731 (33 S. E. 648), is conclusive upon the question here decided. See also the case of Hamilton v. State, 97 Ga. 216 (23 S. E. 824).
Judgment reversed.