BURKS v. UNITED STATES

No. 76-6528.

437 U.S. 1 (1978)

BURKS v. UNITED STATES.

Supreme Court of United States.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Bart C. Durham III argued the cause and filed briefs for petitioner.

Frank H. Easterbrook argued the cause for the United States pro hac vice. With him on the brief were Acting Solicitor General Friedman, Assistant Attorney General Civiletti, and Michael W. Farrell.


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to resolve the question of whether an accused may be subjected to a second trial when conviction in a prior trial was reversed by an appellate court solely for lack of sufficient evidence to sustain the jury's verdict.

I

Petitioner Burks was tried in the United States District Court for the crime of robbing a federally insured bank by use of a dangerous weapon, a violation...

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