SPENCER v. STATE

A89A1367.

192 Ga. App. 822 (1989)

386 S.E.2d 705

SPENCER v. THE STATE.

Court of Appeals of Georgia.

Decided September 18, 1989.


Attorney(s) appearing for the Case

Althea L. Buafo, for appellant.

Willis B. Sparks III, District Attorney, Thomas J. Matthews, Charles Weston, Assistant District Attorneys, for appellee.


BEASLEY, Judge.

Defendant appeals his conviction of armed robbery, OCGA § 16-8-41. He contends that his retrial after a prior mistrial violates the United States Constitution's prohibition against double jeopardy. He also asserts that the evidence was insufficient to sustain the verdict of guilty.

1. Defendant does not rely upon the Georgia statute or provision of the Constitution regarding former jeopardy. Instead he calls into issue solely the Fifth...

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