Opinion
45175.
SUBMITTED APRIL 13, 1970.
DECIDED APRIL 24, 1970.
Burglary. Fulton Superior Court. Before Judge Alverson.
Charles R. Smith, for appellant.
Lewis R. Slaton, District Attorney, Tony H. Hight, for appellee.
Defendant appeals from a conviction of burglary.
1. The trial court did not err in denying defendant's motion to quash the indictment. There is no evidence which contradicts the written statement of the presiding judge that the grand jurors were drawn by him in open court. The failure to enter their names in the minute book was properly corrected by a nunc pro tunc order of the trial judge. Reich v. State, 63 Ga. 616.
2. The trial court did not err in denying defendant's motion for a continuance. The record shows that the attorney who appeared in court on the day of the trial and argued the motion to quash had been active on defendant's behalf for over a week and had even engaged an investigator. It was within the court's discretion to deny a continuance requested in order that some other attorney, hired that morning, could try the main case. Morgan v. State, 224 Ga. 604 ( 163 S.E.2d 690); Barber v. State, 120 Ga. App. 666 (1) ( 171 S.E.2d 747).
Judgment affirmed. Deen and Evans, JJ., concur.