Hodges v. State

On Motion for Rehearing.

In a motion for rehearing counsel for the plaintiff in error invokes the statement found in Jacobs v. State, 95 Ga. App. 155 (97 S. E. 2d 528) to the effect that the new indictment or accusation may be returned against the defendant within six months after it is nol prossed, provided the new indictment is within the statute of limitation of the crime involved. Counsel contends that the effect of the italicized words is to require that such new accusations or indictments returned after the original has been nol *107prossed must be returned within the statute of limitations,…