STATE v. JOHNSON

No. S96A1284.

477 S.E.2d 579 (1996)

267 Ga. 305

The STATE v. JOHNSON.

Supreme Court of Georgia.

November 12, 1996.


Attorney(s) appearing for the Case

Lewis R. Slaton, District Attorney, Atlanta, Carl P. Greenberg, Leigh Ann Dupre, Asst. Dist. Attys., Atlanta, for State.

Robert F. Coheleach, Atlanta, for Johnson.


THOMPSON, Justice.

In this appeal by the State from an order barring further prosecution on double jeopardy grounds, this question is presented: Where only one of two defendants moves for a mistrial and the court declares a mistrial as to both the moving defendant and the defendant who did not make the motion, does double jeopardy bar a retrial of the defendant who remained silent?

Johnson and Weems were indicted for murder, felony murder, and aggravated assault...

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