AKERY v. STATE

No. A99A0111.

515 S.E.2d 853 (1999)

237 Ga. App. 549

AKERY v. The STATE.

Court of Appeals of Georgia.

April 8, 1999.


Attorney(s) appearing for the Case

Smith, White, Sharma & Halpern, Atlanta, Jonathan Goldberg, for appellant.

Joseph J. Drolet, Solicitor, Ronda K. Currie, Assistant Solicitor, for appellee.


JOHNSON, Chief Judge.

This appeal involves the trial court's denial of a plea in bar based on double jeopardy grounds.

Charlie Akery was charged with driving while under the influence of alcohol, driving with an expired license, and making an improper turn. A jury was sworn and impaneled, and the state presented its case. After the state rested, Akery called his expert witness to the stand and began examining him. A few minutes before 5:00 p.m., while Akery...

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