Tommy McNeal v. William Hollowell, Superintendent, Mississippi State Penitentiary

*1147DYER, Circuit Judge:

This habeas corpus petition presents the single important question of whether McNeal’s trial and conviction in a Mississippi state court was barred by an earlier jury trial on the same charge which was terminated, prior to a verdict and over McNeal’s objection, by the prosecutor’s successful request for a nolle prosequi. We conclude that the second trial violated the Fifth and Fourteenth Amendments’ proscription against placing a person in jeopardy twice for the same offense. Accordingly we reverse.

When considering cases raising similar double jeopardy issues, the Supreme…