Forbus v. State

Full title: FORBUS v. THE STATE. NICHOLSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 23, 1982

162 Ga. App. 307 (Ga. Ct. App. 1982)

290 S.E.2d 559

Opinion

63904. 63905.

DECIDED APRIL 23, 1982. REHEARING DENIED MAY 10, 1982.

Drug violation. Cobb Superior Court. Before Judge Brantley.

J. Stephen Schuster, for appellant.

Thomas J. Charron, District Attorney, James T. Martin, Assistant District Attorney, for appellee.

SOGNIER, Judge.

Violation of the Georgia Controlled Substances Act. Appellants' attorney filed a copy of a letter to the Cobb County district attorney in the Superior Court of Cobb County. Included in the letter was a statement asking the district attorney to "please accept this letter as a formal demand for a trial by jury." At trial appellants made a motion for discharge on the ground that after making a demand for trial, they had not been brought to trial within the time required by Code § 27-1901. The trial court denied the motion; in their sole enumeration of error, appellants contend such a denial was error. Pursuant to this court's decision in State v. Adamczyk, 162 Ga. App. 288 ( 290 S.E.2d 149) April (1982), we affirm.

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED APRIL 23, 1982 — REHEARING DENIED MAY 10, 1982 — CERT. APPLIED FOR.