BARBER v. STATE

55886.

146 Ga. App. 523 (1978)

246 S.E.2d 510

BARBER v. THE STATE.

Court of Appeals of Georgia.

Decided July 3, 1978.


Attorney(s) appearing for the Case

Malone & Percilla, John Knight, for appellant.

William S. Lee, District Attorney, Loring A. Gray, Jr., Assistant District Attorney, for appellee.


SMITH, Judge.

The trial court erroneously overruled appellant's plea of former jeopardy, and thus we must reverse appellant's conviction of simple battery.

In the Recorder's Court for the City of Albany appellant was charged with disorderly conduct. He entered a plea of not guilty to that charge, and both he and the prosecutrix presented evidence to the court. The prosecutrix then dismissed the recorder's court charge and instituted this action for simple...

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