Title 17, Chapter 7, Section 171
( 17-7-171)
(a) Any person accused of a capital offense may enter a demand for
trial at the term of court at which the indictment is found or at
the next succeeding regular term thereafter; or, by special
permission of the court, he may at any subsequent term thereafter
demand a trial. (b) If more than two regular terms of court are convened and
adjourned after the term at which the demand is filed and the
defendant is not given a trial, then he shall be absolutely
discharged and acquitted of the offense charged in the indictment,
provided that at both terms there were juries impaneled and
qualified to try the defendant and provided, further, that the
defendant was present in court announcing ready for trial and
requesting a trial on the indictment. (c) In cases involving a capital offense for which the death penalty is sought, if a demand for trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1. |