William O. Douglas

“ I think it is time that the Double Jeopardy Clause was liberally construed in light of its great historic purpose to protect the citizen from more than one trial for the same act.
That analysis was adopted by the Court in Ballerini v. Aderholt, 5 Cir., 44 F.2d 352, 353, a case close on its facts to the present one. ”

“ Once a crucial issue is litigated in a criminal case that issue may not be the basis of another prosecution. Here the same sale is made to do service for three prosecutions. The different evidence test, which was adopted without much analysis by the Court in Carter v. ”