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BYRD v. STATE

Nos. A05A1607, A05A1649.

626 S.E.2d 598 (2006)

277 Ga. App. 397

BYRD v. The STATE. Hall v. The State.

Court of Appeals of Georgia.

January 27, 2006.

Attorney(s) appearing for the Case

James C. Wyatt, Rome, for appellant (case no. A05A1607).

H. Harold Chambers, Jr., Cedartown, for appellant (case no. A05A1649).

Leigh E. Patterson, District Attorney, Kay A. Wetherington, Natalee L. Staats, Assistant District Attorneys, for appellee.

ADAMS, Judge.

Jason Lee Byrd, Arthur Wayne Hall, and Jonathan Brooks were indicted on 41 counts of criminal damage to property arising from the ransacking of Floyd County's historic cemetery known as Myrtle Hill. When their trial resulted in a mistrial, Hall and Byrd moved for discharge and acquittal on the ground that the prosecutor engaged in intentional misconduct to cause the mistrial, purposefully designed to secure an opportunity to retry the case. The trial...

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