State v. Frazier

Marshall, Judge.

The State of Georgia brings this appeal from the grant by the trial court of a special plea of autrefois acquit by res judicata dismissing with prejudice two indictments alleging first degree forgery against the appellee, Frazier. The sole enumeration of error is to the order of the trial court dismissing the indictments with prejudice. Held:

The state offers several legal arguments in support of its contention that the trial court erred in sustaining the plea of autrefois acquit based upon evidence of alibi established at an earlier trial for similar offenses occurring during…