State v. Madden

We granted certiorari in this case to consider the question whether the defendant, Charles Madden, Jr., was denied due process of law by a thirteen-month delay in indictment on two counts of selling heroin to undercover agents. Although the trial court found the delay unreasonable, it did not find sufficient evidence of actual prejudice to require dismissal. The Court of Appeals disagreed and reversed on the ground that he was prejudiced by his inability to remember anything about the dates in question in order to prepare a defense. Madden v. State, 147 Ga. App. 39 (248 SE2d 47) (1978). We…