what its true intent had been, to give correct instructions on how the various verdicts might be framed under the evidence, and to return them to the jury room to correct the error.”); McGahee v. Samuels, 61 Ga. App. 773, 773 (7 SE2d 611) (1940); Brown v. State, 35 Ga. App. 660, 660 (134 SE 193) (1926). 37 See State v. D’Auria, 222 Ga. App. 615, 616 (475 SE2d 678) (1996) (remanding for further proceedings when State argued that trial court erred in granting defendant’s plea in bar for double jeopardy based on allegations of intentional prosecutorial misconduct but trial court failed to address whether or not State had intended to cause a retrial and to subvert defendant’s protections under the Double Jeopardy Clause). 38 See Lewis v. State, 275 Ga. 194, 195 (1) (565 SE2d 437) (2002) (<HOLDING>). 39 See supra notes 30-34 and accompanying
holding that a witness who testifies in one proceeding may not be compelled to give further testimony in a different proceeding holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced holding that the jury is the judge of the weight and credibility given to witness testimony holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith holding that it is elementary that one may not be a witness and a judge in the same proceeding and remanding for a new hearing with a different judge punctuation omitted