Morris v. State

McMurray, Presiding Judge.

Defendant was indicted for violating the Georgia Controlled Substances Act (selling marijuana), aggravated assault upon a peace officer and possession of a firearm after having been convicted of a felony. Defendant was tried before a jury beginning on January 13,1986, and, upon defendant’s motion, the trial judge declared a mistrial. Defendant’s subsequent plea of former jeopardy was denied and this appeal followed. Held:

Defendant contends that the trial court erred in denying his plea of former jeopardy. “If a defendant moves for a mistrial and the motion is…