Mize v. State

Fletcher, Justice.

On December 19,1989, James Wesley Mize was indicted for murder, felony murder, and armed robbery arising out of an incident that occurred in September of 1989. On February 28, 1990, the last day of the January-February term of court for the Fulton County Superior Court, Mize filed a demand for trial pursuant to OCGA § 17-7-171. On March 22, 1990, the state moved to dismiss Mize’s demand for trial, arguing that it had not been timely filed because no jurors had been impaneled on the date the demand was filed. After hearing oral arguments concerning the motion, the trial court…