Ohio Supreme Court April 25, 1973, No. 72-657 (State ex rel. Russell v. Perkins)

O’Neill, C. J.

In principal support of his action for a writ of prohibition appellant cites the case of Ashe v. Swenson (1970), 397 U. S. 436, holding that the principle of collateral estoppel is part of the Fifth Amendment guarantee against double jeopardy, held applicable to the states, through the Fourteenth Amendment, in Benton v. Maryland (1969), 395 U. S. 784.