Clyatt v. State

Defendant was on trial in the Superior Court of Fulton County for possession of illegal drugs. When court recessed for the day, while still in the courthouse building, but outside the courtroom, two officers seized and arrested defendant, in the presence of one of the jurors and there stated to him, in substance: "You are un*787der arrest for possessing marijuana or hashish.” The arresting officers then locked defendant in the jail and kept him there all night.

Defendant’s counsel immediately went to the judge to complain of this improper conduct, but was told by the judge to wait until the next…