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STATE v. LeMAY

75466.

186 Ga. App. 146 (1988)

367 S.E.2d 61

THE STATE v. LeMAY.

Court of Appeals of Georgia.

Rehearing Denied March 2, 1988.

Attorney(s) appearing for the Case

Dupont K. Cheney, District Attorney, J. Stephen Archer, Assistant District Attorney, for appellant.

Ray C. Smith, for appellee.

BENHAM, Judge.

Appellee LeMay was indicted for vehicular homicide, driving under the influence of alcohol, and speeding. A jury found appellee guilty of DUI and speeding, but was unable to reach a verdict on the vehicular homicide charge. After the trial court declared a mistrial as to that count, the State initiated proceedings to re-try appellee on the vehicular homicide charge. Appellee then filed a plea in bar, contending that a retrial would violate the statutory...

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