Hooker v. State

McMurray, Presiding Judge.

Defendant Hooker appeals from the Superior Court of Emanuel County’s order denying his plea of former jeopardy. Pointing to OCGA § 16-1-7 (b), he contends that his misdemeanor convictions in the State Court of Emanuel County1 bar any “successive” prosecution in the superior court of the misdemeanors and of two aggravated assault charges (OCGA § 16-5-21) not tried in the state court. Held:

The evidence adduced at the hearing upon defendant’s plea of former jeopardy shows that State Trooper Wayne Hutchinson was *142called to investigate an automobile accident which occurred…