DOES THE 5TH AMENDMENT PROTECTION FROM "FORMER JEOPARDY" AS APPLIED TO STATES THROUGH THE 14TH AMENDMENT, UNITED STATES CONSTITUTION FOR THE REPUBLIC OF AMERICA, WAS DENIED TO THE PETITIONER? WHERE THE STATE OF ALABAMA PROSECUTED THE PETITIONER FOR MURDER, AFTER HE WAS ACQUITTED BY JUDGE FOR CAPITAL MURDER, BASED ON THE SAME FACTS, VICTIM, AND INCIDENT.

Whether the Fifth Amendment protection against double jeopardy, as applied to the states through the Fourteenth Amendment, was violated when Alabama prosecuted petitioner for murder after he was acquitted of capital murder based on the same facts, victim, and incident