Tostensen v. State

Banke, Presiding Judge.

While serving as the duly elected Clerk of the Superior Court of Glynn County, Georgia, the appellant was indicted by the Glynn County Grand Jury for three counts of theft by taking and one count of theft by conversion, based on allegations that he had unlawfully obtained or misappropriated funds belonging to the county. He moved to dismiss the indictment on the ground that the state had violated his rights under OCGA § 45-15-11 by failing to serve him with a copy of the indictment prior to its presentment to the grand jury, by not allowing him to be present during the…