State v. Collins

While I agree with the result of the majority, I disagree with the majority’s analysis of OCGA § 17-7-170 and with overruling Daniels v. State, 199 Ga. App. 400 (405 SE2d 88) (1991); Luke v. State, 180 Ga. App. 378 (349 SE2d 391) (1986); Smith v. State, 169 Ga. App. 251, 253 (2) (312 SE2d 375) (1983); and Hendricks v. State, 108 Ga. App. 259 (1) (132 SE2d 845) (1963), because I believe the history of OCGA § 17-7-170, including its origins in the common law, reflects that the defendant’s presence or lack of voluntary absence is required to trigger discharge and acquittal under that section.

The…