Legal Opinion

Bailey v. State

Court of Appeals of Georgia

Decided December 1, 1995No. A95A1549Published

1Opinion of the Court

465 S.E.2d 284 (1995)

219 Ga. App. 258

BAILEY

v.

The STATE.

No. A95A1549.

Court of Appeals of Georgia.

December 1, 1995.

Certiorari Denied March 11, 1996.

Starling & Starling, Donald A. Starling, Douglas, for appellant.

Rebecca L. Sims, Solicitor, Douglas, for appellee.

ANDREWS, Judge.

This case is before us on appeal from the trial court's denial of David Bailey's Motion to Dismiss and Plea of Former Jeopardy. The sole question presented is whether there was a "manifest necessity" for the trial court's sua sponte declaration of a mistrial. We hold there was.

On August 10, 1992, shortly after midnight, a…

Also in this document: Dissent · Blackburn; Dissent · Ruffin.

2Cases cited14 opinions

  1. United States v. JornSupreme Court of the United States · 1971
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Oregon v. KennedySupreme Court of the United States · 1982
  4. United States v. DinitzSupreme Court of the United States · 1976
  5. Downum v. United StatesSupreme Court of the United States · 1963

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