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BANKS v. STATE

No. A97A1823.

495 S.E.2d 877 (1998)

230 Ga. App. 258

BANKS v. The STATE.

Court of Appeals of Georgia.

January 21, 1998.

Attorney(s) appearing for the Case

Jo C. Nesset-Sale, Athens, for appellant.

Harry N. Gordon, District Attorney, Richard L. Dickson, Assistant District Attorney, for appellee.

BEASLEY, Judge.

When a nurse responded affirmatively to defense counsel's inquiry whether the victim had reported a prior act of consensual intercourse, the court declared a mistrial in Jeffrey Banks' trial for rape (OCGA § 16-6-1), aggravated assault (OCGA § 16-5-21), false imprisonment (OCGA § 16-5-41), and false statements (OCGA § 16-10-20). Prior to retrial, Banks moved to dismiss on grounds of double jeopardy under the United States and Georgia...

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