STATE v. STEWART

77130.

191 Ga. App. 35 (1989)

381 S.E.2d 50

THE STATE v. STEWART.

Court of Appeals of Georgia.

Rehearing Denied March 27, 1989.


Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor, David M. Fuller, Assistant Solicitor, for appellant.

C. Alan Mullinax, for appellee.


BANKE, Presiding Judge.

The appellee-defendant, charged with possession of less than an ounce of marijuana, driving under the influence of alcohol, and improper lane change, filed a motion for discharge and acquittal based on the state's failure to try him within two terms after he had filed a demand for trial pursuant to OCGA § 17-7-170. See Hubbard v. State, 254 Ga. 694 (333 S.E.2d 827

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