State v. Burroughs

Hall, Justice.

Burroughs was convicted in Atlanta Municipal Court of disorderly conduct.1 He was later convicted in the State Court of Fulton County of simple battery2 and refusal to disperse.3 Both the municipal and state convictions were supported by the same evidence which established that Burroughs and some friends were gathered on the street, that Burroughs refused to leave when asked to do so by a police officer and that he then hit and kicked the police officer. Burroughs interposed a plea of double jeopardy at the second prosecution, contending that the prosecution was barred either by…