Raymond Bradley Nottingham, Jr. v. Robert F. Zahradnick, Superintendent of the Virginia State Penitentiary

In his habeas corpus petition, Raymond B. Nottingham contends he was twice tried for robbery in violation of the Double Jeopardy Clause. The district court denied relief. We reverse.

Nottingham was afforded a preliminary hearing in the Criminal Division of the General District Court of Norfolk. Subsequently, he was indicted by a grand jury. The case proceeded to trial in the Circuit Court of the City of Norfolk where a jury was impaneled. During the prosecution’s presentation of its case-in-chief, the trial judge learned that the robbery victim was seventeen at the time of the offense, and…