Will Allen Smith v. State of Mississippi

SIMPSON, Circuit Judge:

■ Presented by the appeal in this federal habeas corpus action is the single question whether petitioner Will Allen Smith is wrongfully incarcerated in the Mississippi State Penitentiary under the U. S. Constitution’s Fourteenth Amendment due process clause by reason of violation of the Fifth Amendment’s proscription against double jeopardy. The question arises because a mistrial was declared at Smith’s first state court trial by reason of a trial juror’s comment to a bailiff regarding a central issue of the defense prior to the receipt of any evidence.

We hold that no…