Smith v. Georgia
Annotate this CaseAppellant Tracy Lashawn Smith was charged with felony murder (predicated on the underlying felony of either aggravated assault or aggravated battery), aggravated assault and aggravated battery by indictment. The jury found appellant guilty of aggravated assault and aggravated battery, but was unable to reach a verdict on the felony murder charge. The trial court granted a mistrial as to the felony murder charge. The State announced its intent to retry appellant on the felony murder count and appellant filed a plea in bar on double jeopardy grounds. The trial court denied appellant's plea. On appeal to the Supreme Court, appellant argued that the State could not retry him for felony murder without violating the double jeopardy clause because it prosecuted him on the underlying counts of aggravated assault and aggravated battery, the jury found him guilty on those counts, and the State would have to prosecute him on the underlying counts again in order to obtain a felony murder conviction. Disagreeing with this contention, the Supreme Court affirmed the trial court.
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