Gibson v. State

I concur in the result reached for I am unable to find any evidence in the record that the jury, at appellant’s second trial on November 13, 1968, was even aware that the appellant had been previously tried for the same offense and had secured a new trial at his behest. Neither do I understand appellant to insist that the retrial jury had such knowledge and was motivated thereby in assessing an increased penalty, nor do I understand appellant to aver that there were no new facts to justify the increased punishment. I cannot conclude that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072,…