Home/Supreme Court of Georgia/State v. Benton

State v. Benton

269 S.E.2d 470, 246 Ga. 132, 1980 Ga. LEXIS 990
CourtSupreme Court of Georgia
DecidedJuly 1, 1980
Docket36303
StatusPublished
Cited by18 cases

This text of 269 S.E.2d 470 (State v. Benton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Benton, 269 S.E.2d 470, 246 Ga. 132, 1980 Ga. LEXIS 990 (Ga. 1980).

Opinion

Marshall, Justice.

In this case, the Court of Appeals held that the state has no right under Code Ann. § 6-1001a to appeal a trial court’s grant of a criminal defendant’s motion for discharge and acquittal, where such motion is based on the denial of the defendant’s demand for trial pursuant to Code § 27-1901. We reverse.

Code § 27-1901 provides, "Any person against whom a true bill of indictment is found for an offense not affecting his life may demand at either the term when the indictment is found, or at the next succeeding regular term thereafter, a trial; or, by special permission of the court, he may at any subsequent term thereafter demand a trial. In either case the demand for trial shall be placed upon the minutes of the court. If such person shall not be tried when the demand is made, or at the next succeeding regular term thereafter, provided at both terms there were juries impaneled and qualified to try him, he shall be absolutely discharged and acquitted of the offense charged in the indictment.”

Where a person files a motion for discharge and acquittal because of the failure to grant his demand for trial under Code § 27-1901, such a motion constitutes a plea in bar, which is filed and ruled on before the person is put in jeopardy. See State v. Fields, 137 Ga. App. 726 (224 SE2d 829) (1976); State v. King, 137 Ga. App. 26 (222 SE2d 859) (1975). Code Ann. § 6-1001a(c) authorizes the state to take an appeal “[fjrom an order, decision or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy.” Accordingly, the state can appeal the grant of such motions. See State v. McDonald, 242 Ga. 487 (249 SE2d 212) (1978); State v. Ramsey, 147 Ga. App. 150 (248 SE2d 289) (1978); State v. Fields, supra; State v. King, supra; State v. Weeks, 136 Ga. App. 637 (222 SE2d 117) (1975). See also State v. Rowe, 138 Ga. App. 904 (228 SE2d 3) (1976). Therefore, the Court of Appeals erred in dismissing this appeal.

Judgment reversed.

All the Justices concur. *133 Hinson McAuliffe, Solicitor, George M. Weaver, Assistant Solicitor, for appellant. John P. Howell, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Varner
589 S.E.2d 111 (Supreme Court of Georgia, 2003)
State v. Bloodsworth
528 S.E.2d 285 (Court of Appeals of Georgia, 2000)
In the Interest of R. D. F.
455 S.E.2d 77 (Court of Appeals of Georgia, 1995)
State v. Black
444 S.E.2d 368 (Court of Appeals of Georgia, 1994)
State v. Hernandez-Cuevas
415 S.E.2d 713 (Court of Appeals of Georgia, 1992)
State v. Clark
382 S.E.2d 670 (Court of Appeals of Georgia, 1989)
State v. McIntyre
382 S.E.2d 669 (Court of Appeals of Georgia, 1989)
Matthews v. State
354 S.E.2d 175 (Court of Appeals of Georgia, 1987)
Hubbard v. State
337 S.E.2d 60 (Court of Appeals of Georgia, 1985)
State v. Stowe
306 S.E.2d 663 (Court of Appeals of Georgia, 1983)
State v. Allen
299 S.E.2d 158 (Court of Appeals of Georgia, 1983)
Parrish v. State
287 S.E.2d 603 (Court of Appeals of Georgia, 1981)
State v. Benton
272 S.E.2d 718 (Supreme Court of Georgia, 1980)
State v. Smith
274 S.E.2d 130 (Court of Appeals of Georgia, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
269 S.E.2d 470, 246 Ga. 132, 1980 Ga. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benton-ga-1980.