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SWAILS v. STATE OF GA

S93A0395.

263 Ga. 276 (1993)

431 S.E.2d 101

SWAILS v. STATE OF GEORGIA.

Supreme Court of Georgia.

Reconsideration Denied July 15, 1993.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Patricia A. Buttaro, for appellant.

Robert E. Keller, District Attorney, Tracy G. Gladden, Assistant District Attorney, Michael J. Bowers, Attorney General, Gary D. Bergman, for appellee.

CARLEY, Justice.

Pursuant to OCGA § 16-13-49, the State filed a petition for forfeiture of property seized from appellant's place of business. Appellant answered, seeking the return of the property. Although OCGA § 16-13-49 (o) (5) and (p) (6) provide that the proceeding "must be held by the court without a jury[,]" appellant nevertheless filed a demand for jury trial and attacked the constitutionality of those statutory provisions. Following a hearing,...

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