“The doctrine of waiver has no application … where the appellant was previously acquitted of the charge against him[;] The issue of former acquittal is similar to the issue of subject matter jurisdiction”
How later courts described this case
- “The doctrine of waiver has no application … where the appellant was previously acquitted of the charge against him[;] The issue of former acquittal is similar to the issue of subject matter jurisdiction”
Written by the judges who cited it.
The opinion
*87 HUTCHINSON, Justice,
dissenting.
I agree with Mr. Justice Nix that the issue of appellant’s purported prior acquittal of voluntary manslaughter has been waived and thus should not be addressed by this Court. Consequently, I would not discuss the merits of appellant’s claim.