BELL, Justice.
On January 10, 1983, Kyles was indicted for murder and burglary, stemming from a July 1981 incident in which one Eleanor Wade was killed. On May 27, 1983, the trial court, pursuant to a request by the state, entered an order nol prossing Kyles' indictment.
On January 25, 1984, Kyles filed a motion to bar his further prosecution. The motion was based on OCGA § 17-3-3, which provides that "[i]f an indictment is found within the time provided...
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