Phelps v. State

187 Ga. App. 236 (1988)

369 S.E.2d 506

PHELPS

v.

THE STATE.

75921.

Court of Appeals of Georgia.

Decided May 11, 1988.

Rehearing Denied May 25, 1988.

George C. Oetter, Jr., for appellant.

Joseph H. Briley, District Attorney, Fredric D. Bright, Assistant District Attorney, for appellee.

CARLEY, Judge.

Appellant was indicted for selling marijuana in violation of OCGA § 16-13-30 (j) (1). Appellant's original trial ended when the trial court granted the State's motion for mistrial, on the ground that appellant's counsel had placed improper and prejudicial evidence before the jury. Appellant subsequently filed…