Jewel A. Houp v. The State of Nebraska, Paul L. Douglas, William C. Hastings and Herbert a.ronin

BRIGHT, Circuit Judge.

Jewel Houp, who has been twice tried and twice found guilty of the same offense of larceny in Nebraska courts, sought to have the United States district court declare that he twice had been placed in jeopardy of “life or limb” contrary to the protection afforded him by the Fifth Amendment to the United States Constitution. The district court, the Honorable Robert Van Pelt, dismissed Houp’s claim. 1 Houp brought this timely appeal. For the reasons stated below, we affirm.

The issue arises in a somewhat unusual factual setting. Houp’s travail commenced with an information…