Legal Opinion

McGee v. State

Court of Appeals of Georgia

Decided September 26, 2007No. A07A1589Published

1Opinion of the Court

652 S.E.2d 822 (2007)

McGEE

v.

The STATE.

No. A07A1589.

Court of Appeals of Georgia.

September 26, 2007.

Reconsideration Denied October 17, 2007.

Bryan M. Gratham, for appellant.

Harold V. Jones, II, Solicitor-General, Fasha S. Lewis, Assistant Solicitor-General, for appellee.

RUFFIN, Judge.

After a jury had been impaneled to try Anthony McGee for driving under the influence, the trial court sua sponte granted a mistrial. McGee moved for discharge and acquittal, arguing that any subsequent trial was barred by double jeopardy. The trial court denied the motion, and this appeal followed. Because we agree…

Also in this document: Dissent.

2Cases cited19 opinions

  1. Arizona v. WashingtonSupreme Court of the United States · 1978
  2. Illinois v. SomervilleSupreme Court of the United States · 1973
  3. Tate v. StateSupreme Court of Georgia · 1994
  4. Kim v. WallsSupreme Court of Georgia · 2002
  5. Laster v. StateSupreme Court of Georgia · 1997

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