McElwee v. State

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

ONION, Presiding Judge.

“A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.” 1

On original submission, a panel of this court affirmed this murder conviction, wherein the punishment assessed was ninety-nine (99) years’ imprisonment. We held, among other things, that the appellant’s rights against being placed in double jeopardy had not been violated. After granting appellant’s petition for certiorari to this court, the United States Supreme Court vacated the judgment of this court…