Buice v. State

Hunstein, Justice.

We granted Abe Lee Buice’s petition for writ of certiorari to consider whether a trial court may vacate an order of nolle prosequi and permit the State to try the defendant on the nol prossed indictment without seeking a new indictment from the grand jury. For the reasons set forth, we affirm the Court of Appeals. Buice v. State, 239 Ga. App. 52 (1) (520 SE2d 258) (1999).

The record in this case reveals that Buice was indicted in 1994 by a Spalding County grand jury and charged with two counts of child molestation. In 1996 Buice was reindicted on similar charges under a…