This section contains the nature of the case and procedural background.

Winn (D) pointed gun at Coates in an attempt to murder him. Coates tried to disarm D and was killed. D was acquitted for the murder of Coates. D was then charged with assault with intent to murder Defoy. D contended that the second prosecution for assault was barred by double jeopardy because it was the same offense from which he was acquitted in the first trial. The circuit court overruled the special plea. D appealed.

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