SUTTON v. JONES

No. 31060 Summary Calendar.

443 F.2d 69 (1971)

Donald SUTTON, Petitioner-Appellant, v. Clarence JONES and Henry Wade, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 11, 1971.


Attorney(s) appearing for the Case

Donald Sutton, pro se.

John B. Tolle, Asst. Dist. Atty., Henry Wade, Crim. Dist. Atty., Dallas, Tex., for respondents-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

The appellant filed a petition in the district court seeking to enjoin his prosecution by the State of Texas for the offense of robbery by firearms, and seeking his release from state custody. He contended that he would be subjected to double jeopardy if he were tried on the robbery charge, since he had previously been acquitted of the offense of assault with intent to murder a police officer, and both indictments arose from the same transaction.

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