Staggers v. State

Mobley, Presiding Justice.

For decision is whether the appellant can be tried again for a crime of which he was convicted, which conviction was reversed by the Court of Appeals for insufficiency of evidence. The appellant contends that to try him again would violate the double jeopardy provisions of the Fifth Amendment of the United States Constitution (Code § 1-805), and Art. I, Sec. I, Par. VIII (Code Ann. § 2-108) of the Constitution of Georgia.

The appeal is from the judgment of the trial court denying a petition for writ of habeas corpus, which denial is enumerated as error.

The…