Mack v. Court of General Sessions

Botein, P. J. (dissenting).

It is understandable that the applicant herein should seek to avoid what appears to him to be the fruitless ordeal of a second prosecution by an appeal to this court’s extraordinary power of prohibition; and I am in full accord with the majority that a proper showing of double jeopardy that would ultimately result in an acquittal should enlist the exercise of that power. But is there such a showing *105here! I entertain, at the least, grave doubts — doubts that may perhaps be resolved by the trial in the Court of General Sessions ; and for this reason only do I dissent…