Christopher Roesser v. State
This text of Christopher Roesser v. State (Christopher Roesser v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
THIRD DIVISION MILLER, J., RAY and BRANCH, JJ.
NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/
January 27, 2014
In the Court of Appeals of Georgia A12A0135. ROESSER v. THE STATE.
B RANCH, Judge.
In Roesser v. State, 316 Ga. App. 850 (730 SE2d 641) (2012), this Court
affirmed the trial court’s denial of Roesser’ plea in bar asserting double jeopardy in
connection with an attempt to retry Roesser on the lesser included offense of voluntary
manslaughter, for which the jury was unable to reach a verdict, after the same jury
acquitted him of malice murder, felony murder, and aggravated assault. On writ of
certiorari, the Supreme Court of Georgia reversed. Roesser v. State, __ Ga. __ (751
SE2d 297) (2013). We therefore vacate our earlier opinion, adopt the Supreme Court’s
opinion as our own, and reverse the judgment of the court below.
Judgment reversed. Miller and Ray, JJ., concur.
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