Hampton v. State

Beasley, Judge.

Convicted for the sale of marijuana (OCGA § 16-13-30 (j)), defendant’s sole enumeration of error is that the trial court erred in denying his plea in bar based on prosecutorial misconduct which defendant alleges violated his constitutional rights to due process and double jeopardy guaranteed by Art. I, Sec. I, Pars. I and XVIII of the Georgia Constitution of 1983 and the Fifth and Fourteenth Amendments to the United States Constitution.

The defendant was tried twice. During the first trial, a defense witness was arrested in open court after he completed his testimony. Defendant…