Duncan v. Tennessee/Opinion of the Court

PER CURIAM.

We granted certiorari in this case, 404 U.S. 821, to consider questions seemingly presented under the constitutional guarantee against double jeopardy. After briefing and oral argument, it now appears that those questions are so interrelated with rules of criminal pleading peculiar to the State of Tennessee, the constitutionality of which is not at issue, as not to warrant the exercise of the certiorari jurisdiction of this Court. See, e.g., Wilson v. State, 200 Tenn. 309, 292 S.W. 2d 188 (1956); Young v. State, 185 Tenn. 596, 206 S.W. 2d 805 (1947). See U.S. Sup. Ct. Rule 19 (1)(a). The writ is, therefore, dismissed as having been improvidently granted.