State v. Wright

Defendant assigns as error the trial judge’s denial of his plea in abatement by which he contended that he should not be tried twice for his life.

Defendant relies heavily on Green v. United States, 355 U.S. 184, 2 L. Ed. 2d 199, 78 S. Ct. 221 (1957), where the United States Supreme Court held that a defendant, charged with first degree murder but convicted of second degree murder, received an implied acquittal of the charge of first degree murder which prevented retrial on that charge because to so do would place him twice in jeopardy. Wright contends that the interpretation of Green v.…