State v. Ruff

McMurray, Presiding Judge.

Defendant was arrested on November 4, 1984. Within 48 hours defendant was released on bail. Both while in jail and subsequent to his release on bail, defendant attempted to obtain a preliminary hearing without success. On January 21, 1985, defendant was indicted on four counts of violations of the Georgia Controlled Substances Act. On or after February 8, 1985, defendant filed his “Plea in Bar, Abatement and Motion to Quash Indictment.” The trial court ordered the indictment be quashed based on “the State’s failure to give the defendant a preliminary hearing prior to…