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STATE v. AYCOCK

No. A07A0695.

643 S.E.2d 249 (2007)

The STATE v. AYCOCK.

Court of Appeals of Georgia.

Reconsideration Denied March 6, 2007.

Attorney(s) appearing for the Case

Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, for Appellant.

Steven M. Harrison, for Appellee.

BLACKBURN, Presiding Judge.

The State appeals the trial court's order granting Johnny Jasper Aycock's plea in bar, in which Aycock demonstrated that the State was trying him on the same charges it had nolle prossed (over his objection) during an earlier bench trial. We agree with the trial court that the swearing of the witnesses in the prior trial caused jeopardy to attach and that the State improperly terminated that ...

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