In Re Berkowitz

Foth, C.J.:

This is an original proceeding in habeas corpus. Petitioner Robert M. Berkowitz stands charged in the district court of Saline County with two counts of abuse of a child. He contends that his present custody by the respondent sheriff is unlawful because trial on the pending charges would subject him to double jeopardy. 1 The case presents a profound conflict between two important interests of our society: on the one hand that malefactors not escape their just deserts; and on the other that its individual members not have to “run the gantlet” of trial and potential punishment more…