Bailey v. State

Johnson, Judge.

Richard David Bailey appeals from his convictions of rape, aggravated sodomy and child molestation.

1. Bailey contends that the trial court erred in denying his motion for discharge and acquittal because he was not tried within the time required by his statutory demand for trial. Since Bailey was charged in a multi-count indictment with the capital offense of rape along with several noncapital offenses, the time limit within which he had to be tried upon his proper demand is that set forth in OCGA § 17-7-171 for the more serious offense. Cleary v. State, 258 Ga. 203, 205 (366…