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Putnam v. State

Defendant was not entitled to an acquittal on aggravated child molestation charges since the court declared a mistrial due to the publication of a newspaper article about defendant's case after his jury was impaneled.

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Jon Putnam appeals the denial of his motion for discharge and acquittal based upon double jeopardy grounds. Because we conclude that the trial court had discretion to grant a mistrial under the circumstances, we find that Putnam’s plea in bar was properly denied.

This is the second appearance of this case in this court. In Putnam v. State, 231 Ga. App. 190 498 SE2d 340 1998 physical precedent only, we reversed Putnam’s convictions for child molestation and aggravated child molestation. Putnam’s retrial commenced in November 1998, a jury was selected and sworn, and evidence was presented. A question arose regarding the admissibility of certain evidence objected to by the defense. The trial court declined to rule on the question immediately, taking it under advisement and declaring a recess until the next morning.1

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