Davis v. State

307 Ga. 784

FINAL COPY S19G0394. DAVIS v. THE STATE. MELTON, Chief Justice. We granted a petition for certiorari in this case to address whether a detainee who has not yet been indicted can seek to bar his prosecution through a plea in bar on the basis that the statute of limitation for prosecution has expired. We hold that a plea in bar is not proper until an indictment has been filed. Based on the foregoing, we affirm the decision of the Court of Appeals. 1. Factual Background. The underlying facts of this case are largely undisputed. In June 1996, a woman was assaulted, sodomized, and…