Smith v. State

Coopee, Judge.

The appellant, charged in the Superior Court of Fulton County with violations of the Georgia Controlled Substances Act, moved for discharge and acquittal based on the State’s failure to honor his demand for trial and try him within two terms of court pursuant to OCGA § 17-7-170. He appeals the denial of the motion.

The terms of the Superior Court of Fulton County commence on the first Monday in January, March, May, July, September and November. Appellant filed his demand for trial on Friday, March 2, 1990, the final day of the January term of court, and filed the motion for…