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PHILLIPS v. STATE

No. S05A1553.

620 S.E.2d 367 (2005)

279 Ga. 704

PHILLIPS v. The STATE.

Supreme Court of Georgia.

October 3, 2005.

Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for Appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Peggy R. Katz, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Vonnetta L. Benjamin, Asst. Atty. Gen., for Appellee.

CARLEY, Justice.

At Obie Phillips' original trial, the jury was unable to reach a verdict on alternative malice and felony murder charges, but found him not guilty of aggravated assault. Thereafter, he filed a plea in bar, asserting that the acquittal prevented the State from retrying him for felony murder based upon commission of aggravated assault. The trial court denied the motion, and that ruling was affirmed on appeal. Phillips v. State,

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