Powe v. State

Both of these cases involve OCGA § 16-1-7 (b), double jeopardy. Both appellants were arrested and charged with a traffic violation and also a felony charge as part of the same transaction. 1 The traffic violation in each case was disposed of first, bringing OCGA § 16-1-7 (b) into play.

Case number 44262. When appellant Powe was tried for the traffic violation, he was asked by the court if he had other cases pending against him and he said “Yes, one in superior court.” Neither the judge nor solicitor asked him anything about the nature of the case pending in superior court and proceeded to try…