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STATE v. LAMBERT

No. A05A1000.

624 S.E.2d 174 (2005)

276 Ga. App. 668

The STATE v. LAMBERT.

Court of Appeals of Georgia.

Reconsideration Denied December 6, 2005.

Attorney(s) appearing for the Case

Paul L. Howard, Jr., District Attorney, Kimberly Staten-Hayes, Elizabeth A. Baker, Assistant District Attorneys, for appellant.

Shannon N. Weathers, Atlanta, Carl P. Greenberg, for appellee.

SMITH, Presiding Judge.

This appeal arises out of the trial court's order granting the plea in bar and motion to dismiss filed by Ernest Lambert. Lambert was acquitted of murder, felony murder and other charges. The jury, however, could not reach a verdict on the separate charge of kidnapping with bodily injury, a charge which also constituted the felony underlying the felony murder charge. The trial court granted a mistrial on the kidnapping charge and later granted...

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