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State v. English

Defendant's incarceration for more than 90 days without indictment was tantamount to being refused bail so he was entitled to mandatory bail under O.C.G.A. § 17-7-50.

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Adrian English was charged in a seven-count indictment in connection with the death of his infant son. English was charged with: Count I- malice murder; Count II-felony murder while in the commission of cruelty to children in the first degree; Count III-felony murder while in the commission of aggravated battery; Count IV- felony murder while in the commission of aggravated assault; Count V- cruelty to children in the first degree; Count VI- aggravated battery; and Count VII- aggravated assault. English filed general demurrers to Counts III, IV, VI, and VII and special demurrers with regard to all counts of the indictment. Following a hearing, the trial court found that English’s general demurrers were without basis and denied them. However, the court granted the special demurrers with regard to Counts VII aggravated assault and IV felony murder based on that aggravated assault and dismissed those charges; it denied the special demurrers as to the remaining counts. In Case No. S02A1808, the State appeals the granting of English’s special demurrers to Counts IV and VII of the indictment. In Case No. S02X1809, Mayfield files a cross-appeal from the denial of his special demurrers to the remaining counts in the indictment and from the trial court’s denial of bail.

S02A1808

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