State v. Godfrey

Sognier, Chief Judge.

Leonard Godfrey and Walter Davis, Jr. were arrested pursuant to warrants and charged with trafficking in cocaine. Bond and preliminary hearings were set for both. Prior to the dates designated for their preliminary hearings, Godfrey and Davis were indicted by a grand jury and neither preliminary hearing took place. The trial court granted the motions to dismiss their indictments filed by Godfrey and Davis prior to trial, and the State appeals. See OCGA § 5-7-1 (1).

The trial court based its ruling on its finding that appellees had not been “accorded a probable cause…