Dickerson v. State
Dickerson v. State
Opinion of the Court
Indicted for credit card theft, defendant appeals the denial of her plea of former jeopardy and collateral estoppel.
On January 21, 1981, defendant was indicted in Forsyth County for two counts of credit card theft in violation of Code Ann. § 26-
OCGA § 17-7-170 provides: “(a) Any person against whom a true bill of indictment ... is found . . . may enter a demand for trial at the court term at which the indictment ... is found or at the next succeeding regular term thereafter . . . (b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter ... he shall be absolutely discharged and acquitted of the offense charged in the indictment. ...”
Defendant’s demands for jury trial on the DeKalb indictments, which did not specifically demand to be tried within the next succeeding term of court, were not sufficient to invoke OCGA § 17-7-170. State v. Adamczyk, 162 Ga. App. 288 (290 SE2d 149). Accord State v. Pope, 162 Ga. App. 290 (291 SE2d 265); State v. Edwards, 162 Ga. App. 291 (290 SE2d 362); State v. Floyd, 162 Ga. App. 291 (291 SE2d 264); Forbus v. State, 162 Ga. App. 307 (290 SE2d 559); Wallace v. State, 162 Ga. App. 367 (1) (291 SE2d 437); Forbus & Nicholson v. State, 250 Ga. 24 (295 SE2d 530). Retrospective application, State v. King, 164 Ga. App. 834 (298 SE2d 586).
Accordingly, defendant’s allegations of error are without merit.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.