Title 17, Chapter 7, Section 170
( 17-7-170)
(a) Any person against whom a true bill of indictment or an
accusation is filed with the clerk for an offense not affecting his
life may enter a demand for trial at the court term at which the
indictment or accusation is filed or at the next succeeding regular
court term thereafter; or, by special permission of the court, he
may at any subsequent court term thereafter demand a trial. In
either case, the demand for trial shall be served on the prosecutor
and shall be binding only in the court in which the demand is filed,
except where the case is transferred from one court to another
without a request from the defendant. (b) If the person is not tried when the demand is made or at the
next succeeding regular court term thereafter, provided at both
court terms there were juries impaneled and qualified to try him, he
shall be absolutely discharged and acquitted of the offense charged
in the indictment or accusation. For purposes of computing the term
at which a misdemeanor must be tried under this Code section, there
shall be excluded any civil term of court in a county in which civil
and criminal terms of court are designated; and for purposes of this
Code section it shall be as if such civil term was not held. |