Legal Opinion
Spencer v. State
Court of Appeals of Georgia
Decided September 18, 1989No. A89A1367PublishedCited by 7 opinions
1Opinion of the Court
Beasley, Judge.
Defendant appeals his conviction of armed robbery, OCGA § 16-8-41. He contends that his retrial after a prior mistrial violates the United States Constitution’s prohibition against double jeopardy. He also asserts that the evidence was insufficient to sustain the verdict of guilty.
1. Defendant does not rely upon the Georgia statute or provision of the Constitution regarding former jeopardy. Instead he calls into issue solely the Fifth Amendment to the United States Constitution. We therefore consider only that basis of attack. See Leeks v. State, 188 Ga. App. 625, 626 (2), fn.…
2Cases cited20 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
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3Cited by7 opinions
- Fleming v. StateSupreme Court of Georgia · 1998
- Spearman v. StateSupreme Court of Georgia · 2004
- Cantrell v. StateCourt of Appeals of Georgia · 2009
- Jackson v. StateCourt of Appeals of Georgia · 2010
- Fleming v. StateSupreme Court of Georgia · 1998
2 more not listed; retrieve them via the Exa API.