Bush v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for driving under the influence. He contends that the trial court erred in overruling his motion for acquittal under the provisions of Code § 27-1901. Held:

In the order overruling defendant’s motion the trial judge made findings of fact: that a jury was not impaneled for trial of cases at the term the demand for trial was made; "that three terms of Court have passed since the plea and demand for jury trial was entered by Defendant’s Attorney, juries were impaneled to try cases at all terms and the Defendant was present and ready…