United States of America Ex Rel. Lavada Woollums v. James Greer, Warden

ESCHBACH, Circuit Judge.

This appeal from the denial of petitioner Woollums’ application for a writ of habeas corpus raises the issue whether Woollums’ prosecution on an aggravated battery charge was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. We conclude that it was and therefore reverse the magistrate’s judgment.

I

On September 4, 1973, a Quincy attorney found Woollums, apparently intoxicated at the time, tampering with his automobile. The attorney returned to his office and solicited the help of several Quincy police officers. They returned…