Legal Opinion

Kyles v. State

Supreme Court of Georgia

Decided February 27, 1985No. 41511PublishedCited by 20 opinions

1Opinion of the Court

Bell, Justice.

On January 10, 1983, Kyles was indicted for murder and burglary, stemming from a July 1981 incident in which one Eleanor Wade was killed. On May 27, 1983, the trial court, pursuant to a request by the state, entered an order nol prossing Kyles’ indictment.

On January 25, 1984, Kyles filed a motion to bar his further prosecution. The motion was based on OCGA § 17-3-3, which provides that “[i]f an indictment is found within the time provided for in Code Section 17-3-1 or 17-3-2, or other applicable statute, and is quashed or a nolle prosequi entered, the limitation shall be…

2Cases cited4 opinions

  1. State v. Shepherd Construction Co.Supreme Court of Georgia · 1981
  2. Nash v. National Preferred Life InsuranceSupreme Court of Georgia · 1966
  3. Cotton States Mutual Insurance v. Dekalb CountySupreme Court of Georgia · 1983
  4. Alewine v. StateCourt of Appeals of Georgia · 1961

3Cited by20 opinions

  1. Sallie v. StateSupreme Court of Georgia · 2003
  2. Buice v. StateSupreme Court of Georgia · 2000
  3. Sevostiyanova v. StateCourt of Appeals of Georgia · 2012
  4. Beasley v. StateCourt of Appeals of Georgia · 2000
  5. Hooks v. Cobb Center Pawn & Jewelry Brokers, Inc.Court of Appeals of Georgia · 1999

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