Bloeth v. Supreme Court of the State

Petition pursuant to article 78 of the Civil Practice Act for an order in the nature of a writ of prohibition to restrain the Supreme Court, New York County, from proceeding1 with the trial of the second count of a three-count indictment denied, without costs. Petitioner contends that he should not be tried upon the second count, charging him with violation of subdivision 2 of section 1044 of the Penal Law (felony murder), on the ground that such trial would constitute double jeopardy. A County Court jury, on May 14, 1960, found petitioner guilty of Count ] (murder in the first degree…