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RHYNE v. STATE

S94A0524.

264 Ga. 176 (1994)

RHYNE v. THE STATE.

Supreme Court of Georgia.

Decided May 9, 1994.

Attorney(s) appearing for the Case

Donaldson, Hall, Martin, Garvey & Bell, George P. Donaldson III, J. Ripley Bell, Jr., for appellant.

Britt R. Priddy, District Attorney, Johnnie M. Graham, Assistant District Attorney, Michael J. Bowers, Attorney General, for appellee.

CARLEY, Justice.

In appellant's non-capital murder trial, the jury was unable to reach a verdict and a mistrial was declared. Thereafter, the State reindicted appellant and secured a nolle prosequi of the original indictment. Appellant then filed a plea of double jeopardy and motion to dismiss the new indictment. When appellant's plea and motion were denied, he appealed directly to the Court of Appeals. See Patterson v. State, 248 Ga. 875

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