STATE v. TATE

50825.

136 Ga. App. 181 (1975)

220 S.E.2d 741

THE STATE v. TATE.

Court of Appeals of Georgia.

Decided October 20, 1975.


Attorney(s) appearing for the Case

Richard E. Allen, District Attorney, Sam B. Sibley, Jr., Assistant District Attorney, for appellant.

Harrison, Jolles & Miller, Howard S. Bush, for appellee.


CLARK, Judge.

Questions involving double jeopardy and collateral estoppel are presented to this court by the state's appeal from the dismissal of its indictment charging defendant with rape and kidnapping.

Defendant had been previously tried on a two-count indictment dated September 17, 1974 arising from the same set of occurrences. Count 1 of this first indictment charged defendant with armed robbery, alleging that he, "unlawfully with force of arms, with...

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