Duke v. State

MERRILL, Justice.

Petitioner seeks a review by certiorari of a decision of the Court of Criminal Appeals which affirmed a conviction of second degree murder.

The basis of the petition is that the decision is in conflict with a prior decision of the Supreme Court of the United States on the constitutional prohibition against double jeopardy, announced in Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed. 2d 469. There, it was said :

“The Fifth Amendment’s guaranty against double jeopardy, as made applicable to the states by the Fourteenth Amendment, forbids a state to treat a first trial at…