BAILEY v. STATE

No. A95A1549.

465 S.E.2d 284 (1995)

219 Ga. App. 258

BAILEY v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied March 11, 1996.


Attorney(s) appearing for the Case

Starling & Starling, Donald A. Starling, Douglas, for appellant.

Rebecca L. Sims, Solicitor, Douglas, for appellee.


ANDREWS, Judge.

This case is before us on appeal from the trial court's denial of David Bailey's Motion to Dismiss and Plea of Former Jeopardy. The sole question presented is whether there was a "manifest necessity" for the trial court's sua sponte declaration of a mistrial. We hold there was.

On August 10, 1992, shortly after midnight, a state patrolman stopped Bailey after he noticed Bailey's truck weaving back and forth and crossing over the center line...

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