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State v. Allen 262 Ga. App. 724

Case Conclusion Date: 07.22.2004

Practice Area: Criminal defense

Outcome: Case Dismissed, Indictment Quashed

Description: Georgia State Trooper prosecuted for aggravated assault three times in two separate indictments and by accusation. Both indictments were eventually no billed (dismissed). State also attempted to prosecute for assault by accusation. Trial court dismissed first indictment because trooper was considered on duty at time of the altercation with citizen. Court of Appeals affirmed trial court's dismissal of the accusation because State did not allow Allen opportunity to be heard at a grand jury. State attempted to indict Allen a second time. Allen testified at grand jury and indictment was "no billed" (dismissed by grand jury.) State later attempted to try Allen by accusation but could not. The accusation was nolle prosequi. (type of dismissal)

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