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UNDERHILL v. STATE

48103.

129 Ga. App. 65 (1973)

198 S.E.2d 703

UNDERHILL et al. v. THE STATE.

Court of Appeals of Georgia.

Decided April 13, 1973.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Zachary & Land, Stephen A. Land, for appellants.

Lewis R. Slaton, District Attorney, Carter Goode, Morris H. Rosenberg, for appellee.

DEEN, Judge.

1. One of the duties of superior court clerks is to maintain a "docket of criminal cases, to be known as the dead docket, to which cases shall be transferred at the discretion of the presiding judge, and which shall only be called at his pleasure." Code § 24-2714 (7). We agree with the appellant that the court's discretion may not be used in an unlawful manner, for instance, to keep an indictment hanging...

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