People v. Noth

I dissent because no litigant, including the people, should be permitted to *30split his cause of action and because, on the facts of this case, the jury’s verdict at the conclusion of the first trial finding, and I quote from the majority opinion, that “Walter Noth did not shoot and kill Ernest Schaaf in the perpetration of, or the attempt to perpetrate'the felony of rape” bars the people from proving at the second trial that Noth did rape Mrs. Schaaf.

There was but one criminal episode. The evidence introduced at Noth’s second trial was essentially the same as that introduced at the first. Both…