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HOUP v. STATE OF NEBRASKA

No. 19918.

427 F.2d 254 (1970)

Jewel A. HOUP, Appellant, v. The STATE OF NEBRASKA, Paul L. Douglas, William C. Hastings and Herbert A. Ronin, Appellees.

United States Court of Appeals, Eighth Circuit.

June 8, 1970.

Attorney(s) appearing for the Case

Alan C. Kohn of Coburn, Croft, Kohn & Herzog, St. Louis, Mo., for appellant; John R. Musgrave, St. Louis, Mo., on the brief.

William D. Blue, Lincoln, Neb., for appellees; Paul L. Douglas, Lincoln, Neb., on the brief.

Before GIBSON, LAY and BRIGHT, Circuit Judges.

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...

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