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Green Vs. United States
Cites for this judgment
- US Supreme Court
- Dec 16, 1957
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Green v. UnitedSearch
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States - 355 U.S. 184 (1957) U.S. Supreme Court Green v. UnitedSearch
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States, 355 U.S. 184 (1957) Green v. UnitedSearch
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for which he was not convicted and which was not involved in his appeal. Pp. 355 U. S. 193 -194. (d) Trono v. UnitedSearch
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Again he appealed. Sitting en banc, the Court of Appeals rejected his defense of former jeopardy, relying on Trono v. UnitedSearch
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cannot secure a new trial by means of an appeal even though an acquittal may appear to be erroneous. United States v. BallSearch
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U. S. 331 , 349 U. S. 344 -345. Cf. Kepner v. UnitedSearch
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is put to trial before a jury, so that, if the jury is discharged without his consent, he cannot be tried again. Wade v. HunterSearch
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Kepner v. UnitedSearch
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second time for an offense when his prior conviction for that same offense had been set aside on appeal. United States v. BallSearch
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degree murder came to an end when the jury was discharged, so that he could not be retried for that offense. Wade v. HunterSearch
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law. In any normal sense, however, it connotes some kind of voluntary knowing relinquishment of a right. Cf. Johnson v. ZerbstSearch
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In short, he has no meaningful choice. And as Mr. Justice Holmes observed, with regard to this same matter in Kepner v. UnitedSearch
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again on the same charge. This Court has uniformly adhered to that basic premise. For example, in United States v. BallSearch
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Peters v. HobbySearch
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The Government argues, however, that we should accept Trono v. UnitedSearch
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insular possessions, particularly where the imposition of these guarantees would disrupt established customs. Downes v. BidwellSearch
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Mr. Justice Holmes refused to join the Peckham opinion but concurred in the result. Just the year before, in Kepner v. UnitedSearch
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United States v. BallSearch
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United States v. GibertSearch
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Brewster v. SwopeSearch
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State v. McCordSearch
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Cross v. CommonwealthSearch
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Smith v. StateSearch
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State v. AusSearch
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Mont. 82, 69 P.2d 584. Cf. Griffin v. IllinoisSearch
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held that second degree murder is a lesser offense which can be proved under a charge of felony murder. Goodall v. UnitedSearch
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brief, pp. 38-39, that the double jeopardy problem raised in this case has not been squarely before this Court. Palko v. ConnecticutSearch
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U. S. 284 , and Kring v. MissouriSearch
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U. S. 221 , are not controlling here, since they involved trials in state courts. Stroud v. UnitedSearch
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Humphrey's Executor v. UnitedSearch
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Gompers v. UnitedSearch
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Regina v. TancockSearch
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The King v. EmdenSearch
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People v. GoodwinSearch
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to order a new trial following conviction, was considered at length by Mr. Justice Story on circuit in United States v. GibertSearch
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Earlier, Mr. Justice Story had himself taken a nonliteral view of the constitutional provision in United States v. PerezSearch
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except in rate instances, granting a new trial after conviction of a felony was undoubtedly correct, see The King v. MawbeySearch
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and on occasion this result has been expressly made to depend on the maxim prohibiting double jeopardy. The Queen v. MurphySearch
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The Attorney-General v. BertrandSearch
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The Queen v. ScaifeSearch
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exercised by many American courts from an early date in spite of provisions against double jeopardy. United States v. FriesSearch
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