STATE v. ROCA

A91A1496.

203 Ga. App. 267 (1992)

416 S.E.2d 836

THE STATE v. ROCA.

Court of Appeals of Georgia.

Decided March 9, 1992.


Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor, William F. Bryant, Assistant Solicitor, for appellant.

Russell T. Bryant, for appellee.


ANDREWS, Judge.

In its sole enumeration of error, the State claims that the trial court erred in dismissing its case based upon Roca's plea of double jeopardy.

On November 5, 1989, Roca was arrested and charged with one count of simple battery and an accusation was filed against him on January 22, 1990. The case was called for trial on June 4, 1990, but the State was unable to go forward due to the failure of a witness to appear; no jury was impaneled and...

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