Ogletree v. State

SMITH, Presiding Judge.

Stacey Ogletree appeals from the trial court’s order denying his motion to dismiss based upon an alleged violation of the prohibition *366against double jeopardy. In his sole enumeration of error, Ogletree contends that double jeopardy barred his subsequent prosecution because the trial court’s grant of a mistrial in the first proceeding was not manifestly necessary and therefore erroneous. We disagree and affirm.

The Georgia Constitution provides that “no person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been…