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State Courts -
Georgia - February 19, 2007
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Garland v. State, A06A1697, A06A1698.,
COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: Evidence was sufficient to support defendants' convictions for, inter alia, aggravated assault, burglary, and armed robbery, as one defendant and another man forced their way into the victim's home, physically struggled with him while armed with a gun, and demanded his marijuana which was allegedly stored in the home.
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State v. Aycock, A07A0695.,
COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: As witnesses were sworn in a prior bench trial against defendant and the State thereafter terminated that case when it nolle prossed the charges over defendant's objection, jeopardy attached under Ga. Const. art. I, § I, para. XVIII, and under O.C.G.A. § 16-1-8(a)(2), the State could not thereafter retry defendant on the same charges.
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