State ex rel. Russell v. Perkins

In principal support of his action for a writ of prohibition appellant cites the case of Ashe v. Swenson (1970), 397 U. S. 436, holding that the principle of collateral estoppel is part of the Fifth Amendment guarantee against double jeopardy, held applicable to the states, through the Fourteenth Amendment, in Benton v. Maryland (1969), 395 U. S. 784.

Ashe, with three others, was charged with seven separate offenses in the armed robbery of a group of poker players. He was tried and acquitted of the robbery of one of the players. Thereafter, the state brought him to trial for robbing another of…