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HARDWICK v. STATE

28110.

231 Ga. 181 (1973)

200 S.E.2d 728

HARDWICK v. THE STATE.

Supreme Court of Georgia.

Decided October 4, 1973.

Attorney(s) appearing for the Case

Nicholson & Fleming, George C. Nicholson, B. H. Barton, for appellant.

Richard Allen, District Attorney, Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, Assistant Attorney General, B. Dean Grindle, Jr., Deputy Assistant Attorney General, for appellee.

NICHOLS, Justice.

1. Under decisions exemplified by Jones v. State, 226 Ga. 747 (1) (177 S.E.2d 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...

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