TURLEY v. WYRICK

No. 76-130C(2).

415 F.Supp. 87 (1976)

Ernest TURLEY, Petitioner, v. Donald WYRICK, Warden, etc., Respondent.

United States District Court, E. D. Missouri, E. D.

April 5, 1976.


Attorney(s) appearing for the Case

Eugene H. Buder, St. Louis, Mo., for petitioner.

John C. Danforth, Atty. Gen., Jefferson City, for respondent.


MEMORANDUM AND ORDER

REGAN, District Judge.

This habeas corpus proceeding presents the narrow issue of whether the double jeopardy prohibition of the Fifth Amendment precludes a state prosecution of a defendant who has previously been acquitted of the same robbery in a federal court.

Upon trial to a jury in this Court, petitioner was found not guilty of the armed robbery of the Laddonia State Bank, the deposits of which were insured by the F.D. I...

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