106 Ga. 121 | Ga. | 1898
At the September term, 1897, of the superior court of Gwinnett county, -Ben Gordon was indicted for a misdemeanor. During the March term, 1898, a demand for trial was. duly made and entered upon the minutes, and the case was continued by the State. Subsequently, and during the same term, an order was granted transferring the indictment to the city court of Gwinnett for trial. At the June term, 1898, of the city court, that being the first term of such court after the-transfer of the indictment, the accused was tried, convicted, and a new trial granted him. At the August term, 1898, of the city court, the accused announced ready for trial,"but the State continued the case. Thereupon the accused moved for a discharge under the demand. 'There were juries impaneled and qualified to try him at this term. The motion was passed to be considered later in the term, but the court adjourned without disposing of it. At the next term, October term, 1898, when the case was called, the accused announced ready, and renewed his motion for a discharge, upon the ground that he had not been tried at the preceding August term. The motion was passed to be heard later in the term, and on October 14,, during the term, after the State had continued the case and while there were juries impaneled and qualified to try the accused, he presented a written demand for a discharge, which was then refused by the court. AVhereupon the accused excepted..
Judgment reversed.