Hipp v. Georgia
Annotate this CaseMark Hipp was arrested after he pulled a knife during a fight in a bar. Following his indictment for aggravated assault and simple battery, he filed a pretrial motion to dismiss based on immunity from prosecution, which the trial court denied. At trial, the jury rejected Hipp's self-defense claim and convicted him on both counts. On motion for new trial, the trial court granted Hipp a new trial on the grounds that the evidence presented at the pretrial hearing established that he was entitled to immunity. The State appealed, and the Court of Appeals reversed, holding that the trial court could not make a post-conviction determination that Hipp was immune from prosecution. After it's review of the trial court's decision, the Supreme Court reversed, concluding that a trial court has the authority during the same term of court to revise its pretrial ruling denying immunity from prosecution after a trial and prior to entry of the final judgment.
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