Foody v. State

Carley, Presiding Judge.

By way of accusation, appellant was charged with driving under the influence. After a jury had been sworn, the trial court found appellant’s counsel to be in criminal contempt. Appellant’s counsel was immediately incarcerated and the trial court, sua sponte, declared a mistrial. The contempt citation was reversed on appeal. In re Spruell, 200 Ga. App. 218 (407 SE2d 451) (1991). When appellant’s case was recalled, he filed a plea of double jeopardy. In the instant case, appellant appeals directly from the denial of that plea.

The power of a trial court “to interrupt the…