STATE v. BENTON

36303.

246 Ga. 132 (1980)

269 S.E.2d 470

THE STATE v. BENTON.

Supreme Court of Georgia.

Decided July 1, 1980.


Attorney(s) appearing for the Case

Hinson McAuliffe, Solicitor, George M. Weaver, Assistant Solicitor, for appellant.

John P. Howell, for appellee.


MARSHALL, Justice.

In this case, the Court of Appeals held that the state has no right under Code Ann. § 6-1001a to appeal a trial court's grant of a criminal defendant's motion for discharge and acquittal, where such motion is based on the denial of the defendant's demand for trial pursuant to Code § 27-1901. We reverse.

Code § 27-1901 provides, "Any person against whom a true bill of indictment is found for an offense not affecting his life...

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