A jury found Carl Thompson guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime. The trial court entered judgments of conviction and sentenced Thompson to life imprisonment for the felony murder and to a consecutive five-year term for the firearm offense. The armed robbery merged with the felony murder conviction. Thompson appeals after the denial of a motion for new trial. 1. Construed most strongly in support of the verdicts, the evidence shows that Thompson and others arranged to buy marijuana from the victim, James Avery. When they met at the site of the drug deal, Thompson shot and killed Avery, and stole the marijuana. The evidence was sufficient for a rational trier of fact to find Thompson guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.
2. Thompson contends that the armed robbery count of the indictment is defective because it fails to allege the essential element that the property taken was the “property of another.” OCGA § 16-8-41 a. He acknowledges that this alleged defect is moot as to the armed robbery itself, since that offense merged with the felony murder. However, he claims that it still fatally infects the felony murder and the firearm counts of the indictment, which are both predicated on the armed robbery. The “contention that the felony murder and firearm counts of the indictment are deficient because they do not contain all the essential elements of the underlying crime of armed robbery is, in essence, a special demurrer seeking greater specificity with regard to the predicate felony.” Cit. Dasher v. State , 285 Ga. 308, 309-310 2 676 SE2d 181 2009. Pursuant to OCGA § 17-7-110, a special demurrer must be filed within ten days after the arraignment. Palmer v. State , 282 Ga. 466, 468 651 SE2d 86 2007. In this case, Thompson did not file a special demurrer in the trial court. Instead, he raised this issue for the first time orally, at the end of the motion for new trial hearing. “The failure to file a timely special demurrer seeking additional information constitutes a waiver of the right to be tried on a perfect indictment. Cits.” Dasher v. State , supra at 310 2. Because Thompson did not file a timely special demurrer, ” ‘the ground has been waived.’ ” Stinson v. State , 279 Ga. 177, 180 2 611 SE2d 52 2005. See also Roberts v. State , 282 Ga. 548, 550 4 651 SE2d 689 2007 special demurrer waived.
