
    221.
    Brown v. The State.
    Indictment for assault with intent to murder, from Cobb superior court — Judge Gober. January 23, 1907.
    Submitted March 20,
    Decided March 28, 1907.
    
      Griffin & Attaway, for plaintiff in error.
    
      B. F. Simpson, solicitor-general, contra.
   Powell, J,

1. The evidence authorized the verdict.

2. The exceptions to the charge of the court are not well taken.

3. Ineligibility of a juror because of service in the same court during the next preceding term thereof renders him incompetent propter defectum, and is good ground for challenge, if made in due time; but it is not good as a ground for new trial, in the absence of such challenge. Jackson v. State, 125 Ga. 277. Judgment affirmed.  