RAWLS v. HUNTER

No. S96A1221.

475 S.E.2d 609 (1996)

267 Ga. 109

RAWLS v. HUNTER.

Supreme Court of Georgia.

September 9, 1996.


Attorney(s) appearing for the Case

Dwight L. Thomas, Atlanta, for Kenneth Rawls.

J. Tom Morgan, III, Dist. Atty., Kevin N. Levitas, Asst. Dist. Atty., Decatur, for Linda Hunter.


FLETCHER, Presiding Justice.

Kenneth Rawls filed a pre-trial habeas and mandamus action contending he was illegally denied bond after being incarcerated more than 90 days without being indicted. The trial court denied his petition. Because the provisions of O.C.G.A. § 17-7-50 are mandatory and Rawls remained in jail without indictment or bond for 90 days, he was entitled to have bond set, and, therefore, we reverse and remand for the setting of bond.

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