Neal v. State

Carley, Chief Judge.

Appellant was indicted for violating OCGA § 49-4-15 (a) (1) by fraudulently obtaining $1,585 in public assistance payments to which she was not entitled between August 1987 and January 1988. She filed a plea of autrefois convict and appeals directly from the denial of that motion. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982).

“ ‘ “In order to sustain a plea of former jeopardy, it is always incumbent upon the defendant to plead and prove that the transaction charged in the second indictment (or accusation) is the same as a matter of fact as that charged in the…