State v. Cafee
Annotate this CaseDefendant was convicted of malice murder, kidnapping, and other charges arising out of the shooting death of the victim. After the trial court granted defendant's motion for a new trial, he filed a plea in bar contending that double jeopardy prohibited a second trial on the same charges. The trial court granted the plea in bar and the State appealed. Because the court lacked jurisdiction to consider the State's appeal of the new trial order, the court dismissed that portion of the appeal. In regards to the plea in bar, the court concluded that double jeopardy did not bar a second trial since the grant of the new trial was based on the improper admission of evidence. Therefore, the court reversed the trial court's grant of the plea in bar.
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