Claflin v. State

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment discharging John M. Claflin from the custody of the sheriff of Douglas county on a writ of habeas corpus.

*453The correctness of that judgment turns upon the statute enacted in 1935 as a supplement to the provisions of the criminal code relating to jeopardy. (G. S. 1935, 62-1449.)

The material facts were these: In the autumn of 1939 John M. Claflin was an undergraduate student at the state university and resided at the house of the Phi Delta Theta college fraternity.' Within the space of three weeks four…