Miller v. State

Andrews, Judge.

Miller’s jury trial for aggravated assault ended when, during the state’s case-in-chief, the trial court granted the state’s motion for a mistrial over defense objection. The trial court subsequently denied Miller’s plea in bar to retrial based on double jeopardy grounds, and Miller brings this direct appeal. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982) (direct appeal proper from denial of plea of double jeopardy).

Miller stabbed her brother-in-law with a knife. The state first presented testimony from the victim who said Miller came to the garage where he was…