opinion: DUNCAN v. TENNESSEE
  No. 70-5122.
  Argued January 13, 1972
  Decided February 23, 1972
  Rodger N. Bowman argued the cause and filed a brief for petitioner.
  Everett H. Falk, Assistant Attorney General of Tennessee, argued the cause for respondent. With him on the brief was Robert E. Kendrick, Deputy Attorney General.
  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.
choices: cert appeal bail certification docketing fee rehearing or restored to calendar for reargument injunction mandamus original prohibition stay writ of error writ of habeas corpus unspecified, other