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PHELPS v. STATE

48553.

130 Ga. App. 344 (1973)

203 S.E.2d 320

PHELPS v. THE STATE.

Court of Appeals of Georgia.

Decided November 8, 1973.

Rehearing Denied November 29, 1973.

Attorney(s) appearing for the Case

D. D. Veal, for appellant.

Joseph B. Duke, District Attorney, Wayne B. Bradley, for appellee.

PANNELL, Judge.

1. Exceptions to the overruling of a plea of former jeopardy cannot be raised in a motion for a new trial. Denson v. State, 209 Ga. 355 (1) (72 S.E.2d 725).

2. The plea of former jeopardy is a personal privilege and may be waived, and going to trial without filing any plea of former jeopardy or invoking any action on such plea amounts to a waiver of such privilege. ...

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