People v. Moorehead

This is an oral motion wherein the defendant seeks a remedy in the nature of writ of prohibition, prohibiting the District Attorney from retrying the defendant under the first count of the indictment charging as a lesser included offense the crime of manslaughter in the first degree, on grounds of: (1) collateral estoppel as embraced in the principle of double jeopardy and (2) the illegal application of an ex post facto statute.

Defense counsel waived the presence of the defendant at the hearing conducted by this court on July 24,1975, whereat this court informally denied the defendant’s…