In Re Mustered v. Smith

Petitioner has filed in this court his application for a writ of habeas corpus. He alleges that he is illegally and unlawfully imprisoned in the state penitentiary. His claim is that November 20, 1943, he was charged with and tried for the crime of rape, and that the jury was discharged by the court when it reported that it could not reach an agreement. That thereafter he was brought to trial and convicted on a charge of carnal knowledge, based upon the same facts and conditions charged in the first case. It is petitioner’s contention that he “was placed in double jeopardy,” by being tried on…