Young v. State

In Swilley v. McCain, supra, an opinion by the Supreme Court of this State in a civil case, which the majority cites on the question of stare decisis, the Court stated:

“It is necessary at this point to notice two differences between the doctrine of res judicata and the rule of stare decisis. After a question of law or an issue of fact has been litigated and adjudicated in a court of competent jurisdiction, the same matter cannot be relitigated in a subsequent suit between the same parties or those in privity with them. This is by virtue of the doctrine of res judicata, which thus extends to…