BURKS v. STATE

A89A1917.

194 Ga. App. 809 (1990)

392 S.E.2d 300

BURKS v. THE STATE.

Court of Appeals of Georgia.

Decided March 12, 1990.


Attorney(s) appearing for the Case

Thomas R. Eason, L. Clark Landrum, for appellant.

David E. Perry, District Attorney, A. Douglas Newsome, Assistant District Attorney, for appellee.


CARLEY, Chief Judge.

Appellant was brought to trial on an indictment which charged him with having committed the offense of manufacturing cocaine on June 5, 1988. This date was made a material allegation of the indictment. After the jury had been impaneled and sworn, the State realized that the June 5, 1988, date was incorrect and a motion for dismissal was made. Upon ascertaining that appellant had no objection, the trial court consented to the entry of a nol. pros...

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