State v. Ganong

Ruffin, Judge.

On November 7, 1994, a Forsyth County grand jury indicted Thomas Ganong for the offense of rape. On February 2, 1995, Ganong filed a demand for trial pursuant to OCGA § 17-7-170. On September 7, 1995, Ganong moved for acquittal because he did not receive a trial within two terms of court. The trial court granted Ganong’s motion, and the State appealed. For reasons which follow, we affirm.

OCGA § 17-7-170 (b) provides that if a defendant “is not tried when the demand [for trial] is made or at the next succeeding regular court term thereafter, provided at both court terms there…