Schiefelbein v. State

Smith, Justice.

This is an appeal from the trial court’s denial of a plea of former jeopardy. We affirm.

The appellant, Stephen Craig Schiefelbein, was indicted by a Fulton County grand jury for murder. The alleged offense occurred at 1252 Reeder Circle. The appellant’s case came to trial in Fulton County. A jury was sworn and empaneled, and four witnesses testified. During the second day of trial, the district attorney learned that 1252 Reeder Circle is in DeKalb County. This fact was confirmed by defense counsel who had lived on Reeder Circle for five years.

The state moved for a mistrial, and…