State Ex Rel. Bulloch v. Seier

PROCEEDING IN PROHIBITION

RENDLEN, Judge.

Relator instituted this proceeding to prohibit respondent from allowing the state to prosecute relator for armed criminal action in connection with the death of his wife, Julia Bulloch. The Court of Appeals, issuing the requested writ, concluded prosecution for armed criminal action violated relator’s protection under the Double Jeopardy Clause of the Fifth Amendment of the Constitution of the United States. We granted transfer and now make the preliminary rule absolute.

On May 6, 1986, relator’s wife was asphyxiated when two strips of cloth were placed…