GA 16-1-7 - GA 16-1-7

1. In General Applicability of test under double jeopardy clause of Fifth Amendment. - When same act or transaction constitutes a violation of two distinct statutory provisions, test to be applied to determine whether there are two offenses or only one for purposes of double jeopardy clause of the Fifth Amendment is whether each provision requires proof of a fact which the other does not. Brock v. State, 146 Ga. App. 78 , 245 S.E.2d 442 (1978). When crimes charged are same in law or fact. - Former Code 1933, § 26-506(a) provided that although defendant may be prosecuted for all crimes committed, defendant may not be convicted of more than one crime if crimes charged are same in law or fact. Bailey v. State, 146 Ga. App. 774 , 247 S.E.2d 588 (1978). Although defendant may be prosecuted for ...