Rhyne v. State

Carley, Justice.

In appellant’s non-capital murder trial, the jury was unable to reach a verdict and a mistrial was declared. Thereafter, the State re-indicted appellant and secured a nolle prosequi of the original indictment. Appellant then filed a plea of double jeopardy and motion to dismiss the new indictment. When appellant’s plea and motion were denied, he appealed directly to the Court of Appeals. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982).

Notwithstanding this court’s decision in State v. Thornton, 253 Ga. 524 (1) (322 SE2d 711) (1984), appellant’s direct appeal was not…