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ALLEN v. STATE

32975, 32976, 32977, 32978.

240 Ga. 567 (1978)

242 S.E.2d 61

ALLEN v. THE STATE; and vice versa. SHAW v. THE STATE; and vice versa.

Supreme Court of Georgia.

Decided January 20, 1978.

Attorney(s) appearing for the Case

Gilmore, Waddell & Phillips, Thomas J. Phillips, Jr., for Allen and Shaw.

Joseph H. Briley, District Attorney, Sallie Rich Jocoy, Assistant District Attorney, Donald Huskins, for the State.

NICHOLS, Chief Justice.

Both appellants were arrested on criminal warrants issued by a justice of the peace. In the Allen case, the commitment hearing was held by another justice of the peace. In the Shaw case, four separate arrest warrants were issued, and the commitment hearing was held by a justice of the peace who issued one of the warrants.

Both appellants filed motions to dismiss and to nolle prosequi the arrest warrants against them, alleging...

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