2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 7 - Demand for Trial; Announcement of Readiness for Trial
- § 17-7-170. Demand for Speedy Trial; Service; Discharge and Acquittal for Lack of Prosecution; Expiration; Reversal on Direct Appeal; Mistrial and Retrial; Special Pleas of Incompetency
- § 17-7-171. Time for Demand for Speedy Trial in Capital Cases; Discharge and Acquittal When No Trial Held Before End of Two Court Terms of Demand; Counting of Terms in Cases in Which Death Penalty Is Sought; Special Pleas of Incompetency
- § 17-7-172. Requirement of Announcement by State of Readiness for Trial Prior to Announcement by Defendant; Speedy Trial
- For comment, "The Right to a Speedy Trial," see 13 Ga. St. B.J. 197 (1977).
JUDICIAL DECISIONS
Mistrial does not satisfy speedy trial requirements.
- Mistrial based on the jury's inability to reach a verdict does not satisfy the speedy trial requirements, at least when the defendant could have been retried before the expiration of the term. Orvis v. State, 237 Ga. 6, 226 S.E.2d 570 (1976).
Request for final disposition of detainers is not demand for trial.
- Request for final disposition of detainers on a prisoner's record (see O.C.G.A. ยง 42-6-1 et seq.) is not the equivalent of a demand for trial and the failure to try the inmate at the term at which such request is made or at the next succeeding term does not authorize the inmate's discharge and acquittal of the offense charged in the pending indictment, accusation, or information. Spurlin v. State, 228 Ga. 2, 183 S.E.2d 765 (1971).
Cited in Horne v. State, 212 Ga. 421, 93 S.E.2d 356 (1956).
