United States of America Ex Rel. Frederick Charles Stewart v. Lowell D. Hewitt, Warden

OPINION OF THE COURT

SEITZ, Chief Judge.

This case is before us on appeal from the district court’s denial of a petition for habeas corpus relief based on the Double Jeopardy provision of the 5th Amendment.

On March 18, 1961, appellant (hereafter “defendant”) was convicted in the Pennsylvania Court of Common Pleas of the murder of his wife. In state post conviction proceedings, the Pennsylvania Supreme Court, on October 4, 1972, reversed defendant’s 1961 conviction and ordered a new trial. The court based its decision on the ground that the trial court had erred in 1961 when it denied…