Tommy McNeal v. William Hollowell, Superintendent, Mississippi State Penitentiary

(dissenting) :

As he invariably does, my Brother Dyer has written a perfectly constructed opinion, distinguished for its clarity. I agree with its splendid exposition of constitutional principles generally applicable to double jeopardy. The problem is that I do not agree with the majority’s application of those principles to McNeal’s case.

When James Bogan Weems went to work on March 9, 1968 there was no reason to anticipate that before the day was out he would be a corpse, made so by an armed robber, who escaped to Chicago, where he was later apprehended and extradited. Nevertheless, all…