Glenn v. State

Birdsong, Judge.

Appellant Glenn was convicted of the sale of heroin in violation of the Georgia Controlled Substances Act. In his sole enumeration of error, appellant contends that the trial court erred in refusing to grant appellant’s motion to dismiss. Held:

Appellant appears to argue that due process bars prosecution whenever a defendant suffers prejudice as a result of pre-arrest delay. Prejudice is alleged here as a result of appellant’s fading powers of recollection after a fifteen month pre-arrest, pre-indictment interval.

While the due process clause plays a limited role in protecting…