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State v. Wilson

The trial court lacked authority to quash the indictment based solely upon problems with the form of the indictment, as defense counsel failed to timely file a written special demurrer.

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The State of Georgia indicted Terrell Wilson in Houston County, charging him as follows: Count 1 aggravated assault of a peace officer, OCGA § 16-5-21 c; Count 2 interference with child custody, OCGA § 16-5-45 b 1 A; Count 3 fleeing or attempting to elude a police officer, OCGA § 40-6-395 a; and Count 4 driving with a suspended or revoked license, OCGA § 40-5-121 a. At trial, Wilson made an oral motion to quash Counts 1 through 3 of the indictment, and the trial court granted the motion.1 The State appeals,2 contending, inter alia, that the court erred in finding that Wilson timely raised his motion to quash and in granting that motion. For the following reasons, we agree and reverse the court’s order.

The record shows that the State indicted Wilson in September 2010, and he was arraigned in February 2011. In Count 1 of the indictment, the State charged Wilson with “Aggravated Assault on a Peace Officer,” alleging that he “did unlawfully make an assault upon the person of Dep. Richard Slate Simons, a peace officer engaged in the performance of his official duties, with a motor vehicle, an object, which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” Emphasis supplied. In Count 2, the State charged Wilson with “interference with custody,” alleging that he, “without lawful authority, did entice S. J., a child, from N. J., who has lawful custody of said child.” And, in Count 3, the State charged Wilson with “fleeing or attempting to elude” and alleged that he “did unlawfully and willfully fail to bring his vehicle to a stop after a pursuing police officer, Deputy Richard Slate Simons, gave a visual and audible signal, to wit: identifying himself as a police officer, holding up his hand and ordering the defendant to stop his vehicle.”

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