No. 57.

397 U.S. 436 (1970)


Supreme Court of United States.

Decided April 6, 1970

Attorney(s) appearing for the Case

Clark M. Clifford, by appointment of the Court, 394 U.S. 941, argued the cause for petitioner. With him on the briefs were James T. Stovall III and Robert G. Duncan.

Gene E. Voigts, First Assistant Attorney General of Missouri, argued the cause for respondent. With him on the brief was John C. Danforth, Attorney General.

MR. JUSTICE STEWART delivered the opinion of the Court.

In Benton v. Maryland, 395 U.S. 784, the Court held that the Fifth Amendment guarantee against double jeopardy is enforceable against the States through the Fourteenth Amendment. The question in this case is whether the State of Missouri violated that guarantee when it prosecuted the petitioner a second time for armed robbery in the circumstances here presented.

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