SMITH v. STATE

A89A0704.

192 Ga. App. 604 (1989)

386 S.E.2d 370

SMITH v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 31, 1989.


Attorney(s) appearing for the Case

Lane & Tucker, Alan D. Tucker, for appellant.

Richard H. Taylor, Solicitor, for appellee.


BENHAM, Judge.

This appeal is from the trial court's denial of appellant's motion for discharge and acquittal. Appellant filed his demand for trial under OCGA § 17-7-170 on March 24, 1988, during the March term of court. A jury was impaneled (April 4-6) during the March term, after his demand, and appellant was not tried during that term. Nor was he tried during the next succeeding term (May term) in which a jury was impaneled (May 2-4). "[W]here demand is made...

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