Holmes v. State

Court of Appeals of Georgia

Holmes v. State

222 S.E.2d 121, 136 Ga. App. 572, 1975 Ga. App. LEXIS 1421

CourtCourt of Appeals of Georgia

DecidedNovember 14, 1975

Docket51420

StatusPublished

Cited by2 cases

This text of 222 S.E.2d 121 (Holmes v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holmes v. State, 222 S.E.2d 121, 136 Ga. App. 572, 1975 Ga. App. LEXIS 1421 (Ga. Ct. App. 1975).

Pincite

Opinion

Bell, Chief Judge.

Defendant was indicted in April 1974 for armed robbery but convicted of robbery by intimidation.

On May 31, 1974, the last day of the March term of the trial court, defendant filed a demand for trial under Code § 27-1901.1. Defendant escaped from confinement on June 19,1974 and remained a fugitive until October 8, 1974. He was tried in January 1975 at which time more than two regular terms of the trial court had been convened and adjourned after the term in which the demand for trial was filed. Held:

Defendant contends he was entitled to a discharge and acquittal pursuant to Code Ann. § 27-1901.2 as he was not tried within two successive terms of court following the term in which he filed a demand for trial. Defendant’s escape and voluntary absence from the court amounts to a waiver of the demand for trial and does not entitle him to discharge and acquittal under the statute. Jackson v. Dorsey, 26 Ga. App. 372 (106 SE 210); Flagg v. State, 11 Ga. App. 37 (74 SE 562).

Judgment affirmed.

Webb and Marshall, JJ., concur.

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