Ganong v. State

Pope, Presiding Judge.

Defendant Thomas Ganong appeals from the Hall County Superior Court’s denial of his plea of autrefois acquit. Because defendant has already been acquitted in Forsyth County of the same offense alleged in the Hall County indictment, we reverse the trial court’s denial of defendant’s plea in bar.

In June 1994, defendant allegedly raped a woman on a houseboat on Lake Lanier. This lake forms the boundary between Forsyth, Hall, and Gwinnett Counties; and a Forsyth County grand jury indicted defendant in November 1994, with venue based on OCGA § 17-2-2 (f).1 When the Forsyth…