Legal Opinion
Donald Sutton v. Clarence Jones and Henry Wade
Court of Appeals for the Fifth Circuit
Decided May 11, 1971No. 31060PublishedCited by 1 opinion
1Per curiam
The appellant filed a petition in the district court seeking to enjoin his prosecution by the State of Texas for the offense of robbery by firearms, and seeking his release from state custody. He contended that he would be subjected to double jeopardy if he were tried on the robbery charge, since he had previously been acquitted of the offense of assault with intent to murder a police officer, and both indictments arose from the same transaction.
The district court denied relief, holding that the court was without jurisdiction to enjoin the state criminal prosecution on authority of the…
2Cases cited3 opinions
- Linnus Harrison v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
- Joseph Taylor v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- James E. Ector v. S. Lamont Smith, Warden, Georgia State Prison, No. 30733 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971