If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where a fair and impartial jury can be obtained.
(Ga. L. 1895, p. 70, § 5; Penal Code 1895, § 941; Penal Code 1910, § 966; Code 1933, § 27-1203; Code 1933, § 27-1204, enacted by Ga. L. 1972, p. 536, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 504 et seq., 527 et seq.
C.J.S.- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.
ARTICLE 7 DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL
Law reviews.
- 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. § 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).