State v. Davis

Birdsong, Judge.

At the calendar call of the criminal case against John James Davis on July 14, 1989, both State and defendant announced ready; but three days later, before any jury was drawn, the State moved to nolle prosequi the case. The trial court granted the prosecutor’s request.

Three weeks later, however, the State notified the defendant it would put the case back on the trial calendar for October. The defendant filed a Motion to Dismiss the Indictment, contending the case had been terminated when it was “nol prossed.”

The trial court at the motion hearing determined that the State had…