PAYNE v. STATE

No. A04A1163.

600 S.E.2d 422 (2004)

267 Ga.App. 498

PAYNE v. The STATE.

Court of Appeals of Georgia.

May 19, 2004.


Attorney(s) appearing for the Case

Dennis G. Dozier, Rincon, for appellant.

Richard A. Mallard, District Attorney, Keith A. McIntyre, Assistant District Attorney, for appellee.


PHIPPS, Judge.

Johnny Aaron Payne was being tried for various sexual offenses when, on motion by the state, the trial court declared a mistrial on the ground that defense counsel had violated the court's ruling on a motion in limine. Payne later filed a plea in bar to prevent any retrial on double jeopardy grounds. Payne appeals the trial court's denial of the plea in bar. Finding no evidentiary infraction by defense counsel and thus no necessity for a mistrial, we...

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