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BURLESON v. STATE

46790.

259 Ga. 498 (1989)

384 S.E.2d 659

BURLESON v. THE STATE.

Supreme Court of Georgia.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Don E. Snow, for appellant.

W. Fletcher Sams, District Attorney, J. David Fowler, Assistant District Attorney, for appellee.

HUNT, Justice.

The trial court ordered a mistrial when one of the jurors stated, during deliberations, she was conscientiously opposed to participating in any verdict. Before retrial, the defendant filed his plea of former jeopardy, which the trial court denied. He appeals.

A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution ... [w]as terminated improperly...

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