Damien McElrath was found guilty but mentally ill of malice murder and not guilty by reason of insanity on another count arising from the same prosecution. After the first appeal, the State sought to retry him on the count associated with the acquittal. The Supreme Court of Georgia held that the not-guilty-by-reason-of-insanity verdict was an acquittal for double-jeopardy purposes even though the verdicts were internally inconsistent. An acquittal bars retrial because it resolves the defendant’s criminal liability in his favor on that charge; a court may not treat the verdict as legally meaningless merely because it conflicts with another verdict. The Court vacated the judgment permitting retrial and remanded for proceedings consistent with the constitutional protection against double jeopardy. A separate concurrence expressed uncertainty about the legal fiction used to reconcile the verdicts but joined the judgment.