State v. Varner

Benham, Justice.

Pursuant to the holding in State v. Benton, 246 Ga. 132 (269 SE2d 470) (1980), the State appeals the trial court’s grant of a motion for discharge and acquittal following a mistrial on the last day of the term of court when the jury was unable to reach a verdict on counts of an indictment charging appellee Charles Varner with malice and felony murder and possession of a firearm during the commission of a felony. We reverse the trial court’s grant of discharge and acquittal.

During the March 2002 term of court of the Superior Court of Fulton County, appellee Varner was charged…