Dempsey v. State

Smith, Judge.

This is an interlocutory appeal from an order of the Superior Court of Gwinnett County denying a “Motion for Autrefois Acquit and to Quash Indictment.” We affirm.

During the May, 1979 term of the Superior Court of Gwinnett County, appellant was indicted for violation of the Georgia Controlled Substances Act. Appellant was arraigned at the July 1979 term of court, on August 11. He filed a demand for trial pursuant to Code § 27-1901. Although no jurors were impaneled and qualified to try appellant at this time, it is undisputed that at the two succeeding terms, September and…