Smith v. State

Benham, Judge.

This appeal is from the trial court’s denial of appellant’s motion for discharge and acquittal. Appellant filed his demand for trial under OCGA § 17-7-170 on March 24, 1988, during the March term of court. A jury was impaneled (April 4-6) during the March term, after his demand, and appellant was not tried during that term. Nor was he tried during the next succeeding term (May term) in which a jury was impaneled (May 2-4). “[W]here demand is made and two terms of court expire, .at both of which juries are impaneled and qualified to try the defendant, then discharge and acquittal…