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MURPHY v. STATE

No. A95A1936.

465 S.E.2d 497 (1995)

219 Ga. App. 474

MURPHY v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 14, 1995.

Certiorari Granted April 2, 1996.

Attorney(s) appearing for the Case

Bruce S. Harvey, David S. West, Atlanta, for appellant.

Daniel J. Porter, District Attorney, Thomas N. Davis, Jr., Assistant District Attorney, Lawrenceville, Thomas W. Hayes, Gary D. Bergman, Smyrna, for appellee.

BIRDSONG, Presiding Judge.

Michael Murphy appeals the denial of his motion to enjoin his prosecution for violation of the Georgia Controlled Substances Act. He contends that a previous civil forfeiture proceeding arising out of the same criminal activity placed him in jeopardy and prohibits any further prosecution on the criminal charge itself. Held:

A civil forfeiture proceeding in a drug case is not a criminal...

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