State v. Benton

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…