ELLIS v. STATE

No. S09A0767.

684 S.E.2d 263 (2009)

285 Ga. 756

ELLIS v. The STATE.

Supreme Court of Georgia.

September 28, 2009.


Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Ronald J. Ellington, Zebulon, for appellant.

Scott L. Ballard, Dist. Atty., Robert W. Smith, Jr., Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., for appellee.


MELTON, Justice.

Benjamin Martin Ellis appeals from the trial court's denial of his Motion to Dismiss and Plea in Bar, alleging that the trial court erred in concluding that his prosecution for murder and aggravated assault was not barred by double jeopardy. For the reasons that follow, we affirm in part and reverse in part.

The record reveals that, on July 23, 2001, Ellis was arrested for repeatedly shaking Kayla McCoy, a child, which resulted in serious...

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