dissenting.
The Court’s summary act without hearing argument in this case is wrong in two respects: first, it is another instance of importing into the administration of criminal justice the civil doctrine of collateral estoppel to which I dissent for the reasons stated in my dissent in Ashe v. Swenson, 397 U. S. 436, 460 (1970); second, even assuming the collateral estoppel approach has validity, the evidence in this case in the second trial is not the “same evidence” on which the first case was submitted so that this is not a case for application of that unsound doctrine.