Legal Opinion

Hardwick v. State

Supreme Court of Georgia

Decided October 4, 1973No. 28110PublishedCited by 15 opinions

1Opinion of the Court

Nichols, Justice.

Under decisions exemplified by Jones v. State, 226 Ga. 747 (1) (177 SE2d 231), and the cases there cited where the prior conviction of the defendant was set aside by the efforts of the defendant to go into jeopardy a second time, the trial court did not err in overruling the plea of former jeopardy, and as was there held the fact that the second trial was based upon a different indictment no way violated any constitutional right of the defendant.

Where, as in the present case, separate offenses arising out of the same basic transaction are alleged in separate counts of an…

2Cases cited6 opinions

  1. White v. StateSupreme Court of Georgia · 1973
  2. Gully v. StateSupreme Court of Georgia · 1902
  3. Flanagan v. StateSupreme Court of Georgia · 1898
  4. Bryans v. StateSupreme Court of Georgia · 1866
  5. Brackett v. StateSupreme Court of Georgia · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Butler v. StateSupreme Court of Georgia · 1973
  2. Gibbs v. StateSupreme Court of Georgia · 1975
  3. Scudiere v. StateCourt of Appeals of Georgia · 1973
  4. Reedman v. StateCourt of Appeals of Georgia · 2003
  5. Currelley v. StateCourt of Appeals of Georgia · 1978

10 more not listed; retrieve them via the Exa API.

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