Higgenbottom v. State
Annotate this CaseDefendant appealed the denial of his motion to dismiss for failure to provide a speedy trial in violation of his rights under the State and Federal Constitutions, as well as the denials of his "plea in bar and motion to dismiss" and "general demurrer," which both asserted that the indictment returned against him was defective because the non-murder crimes charged therein were time-barred. The court held that there was no abuse of the superior court's discretion in denying defendant's motion to dismiss based on alleged violations of his constitutional rights to a speedy trial; the superior court did not err in failing to dismiss the indictment where neither prejudice nor deliberate adverse action on the part of the State had been shown; and the superior court did not err in failing to grant his "plea in bar and motion to dismiss" and his "general demurrer," where the applicable statute of limitations was tolled under OCGA 17-3-2(2). Accordingly, the judgment was affirmed.
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