Madden v. State

Smith, Judge.

Was the appellant’s right to due process violated by a preindictment delay which was both unreasonable and prejudicial? We find a due process violation under the facts of this case; therefore, we reverse the judgment denying the appellant’s motion to dismiss the indictment.

I. Facts

On November 29, 1977, the Fulton County Grand Jury indicted the appellant, charging him with having sold heroin to an undercover agent on October 12, 1976, and October 15,1976. Until the appellant was arrested on November 29, 1977, he had no notion that he was being investigated or suspected in…