context: Notably, in all of but one of the cases cited by the majority for the position that a challenge propter affectum provides no ground for plea in abatement, the challenge was filed post indictment.
citation_a.signal: see also
citation_a.parenthetical: finding any error by the grand jury to be harmless because a trial jury had found the defendant guilty beyond a reasonable doubt
citation_a.sentence: See Black v. State, 264 Ga. 550 (2) (448 SE2d 357) (1994) (where the defendant filed a motion for new trial alleging a defective indictment, disqualification of a grand juror pursuant to OCGA § 15-12-70 was not viable); Fisher v. State, 93 Ga. 309 (1) (20 SE 329) (1893) (no challenge propter affectum where the defendant “had warning to challenge the juror before the bill was found” but failed to do so); Lascelles, 90 Ga. at 372-375 (discussed supra); Simpson v. State, 100 Ga. App. 726 (1) (112 SE2d 314) (1959) (affirming dismissal of plea in abatement because the defendant failed to make a timely challenge and filed his plea in abatement “some time after the indictment had been returned”); Garnett, 10 Ga. App. at 111 (affirming dismissal of plea in abatement where it was filed before “pleading to the merits”); see also Sallie v. State, 276 Ga. 506 (14) (578 SE2d 444) (2003) (finding any error by the grand jury to be harmless because a trial jury had found the defendant guilty beyond a reasonable doubt).
citation_b.signal: see
citation_b.parenthetical: no challenge propter affectum where the defendant "had warning to challenge the juror before the bill was found" but failed to do so
citation_b.sentence: See Black v. State, 264 Ga. 550 (2) (448 SE2d 357) (1994) (where the defendant filed a motion for new trial alleging a defective indictment, disqualification of a grand juror pursuant to OCGA § 15-12-70 was not viable); Fisher v. State, 93 Ga. 309 (1) (20 SE 329) (1893) (no challenge propter affectum where the defendant “had warning to challenge the juror before the bill was found” but failed to do so); Lascelles, 90 Ga. at 372-375 (discussed supra); Simpson v. State, 100 Ga. App. 726 (1) (112 SE2d 314) (1959) (affirming dismissal of plea in abatement because the defendant failed to make a timely challenge and filed his plea in abatement “some time after the indictment had been returned”); Garnett, 10 Ga. App. at 111 (affirming dismissal of plea in abatement where it was filed before “pleading to the merits”); see also Sallie v. State, 276 Ga. 506 (14) (578 SE2d 444) (2003) (finding any error by the grand jury to be harmless because a trial jury had found the defendant guilty beyond a reasonable doubt).