Merrill v. State

Birdsong, Presiding Judge.

This is a prosecution of Marc Merrill for driving under the influence. In a previous decision, Merrill v. State, 192 Ga. App. 890 (386 SE2d 684), we held that appellant’s “Omnibus Motion,” which in paragraph 25 requested a trial within two terms or an acquittal and discharge, “obfuscated the nature of the pleading” (id. at 891), and was in any case premature as it was filed before the accusation was filed. Following the Supreme Court’s denial of certiorari and our remittitur on November 27, 1989, appellant Merrill, on May 21, 1990, filed a second motion for acquittal…