BRANTLEY
v.
STATE OF GEORGIA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Brantley was convicted of voluntary manslaughter at his first trial for murder, and after obtaining a reversal on appeal, was retried and convicted of murder at his second trial; he then claimed double jeopardy protection, arguing that his conviction for the lesser offense constituted an acquittal of murder. The Supreme Court affirmed his conviction, holding that being tried twice for the same offense did not violate the Fifth Amendment's Double Jeopardy Clause when the first conviction was for a lesser-included offense, particularly where state law permitted retrials following a defendant's motion for a new trial.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Per Curiam:
Brantley was indicted in the Superior Court of Washington County, Georgia, charged with the offense of murder; was tried and found guilty of voluntary manslaughter; filed a motion for new trial, and upon appeal to the state Court of Appeals obtained a reversal of the judgment, and a new trial was ordered.
At the second trial he filed a plea of former jeopardy, claiming that he had been tried for murder, and having been found guilty of a lesser grade of homicide that operated to acquit him of the charge of murder, and to try him again for murder under the same indictment would be to try him again for an offense of which he had been previously acquitted, and that he could only be arraigned for voluntary manslaughter. This plea was demurred to and the demurrer sustained by the court. The case then proceeded to trial, and the jury found him guilty of murder, whereupon he was sentenced to life imprisonment. He moved for new trial, which motion was overruled, and thereupon he appealed to the Supreme Court of the State of Georgia, which affirmed the judgment of the lower court. Brantley v. State., 132 Georgia, 573.
The constitution of the State of Georgia provides that “No . person shall be put in jeopardy of life or liberty more than once for the same offense, save on his or her own motion for new trial, , after conviction, or in case of mistrial.” This writ of error was sued out and plaintiff in error contended that the judgment of the Supreme Court of Georgia was in violation of the Fifth Amendment of the Constitution of the, United States, and that the provision of the constitution of the State of Georgia was null and void as construed by the state Supreme Court.
The contention is absolutely without merit. It was not a case of twice in jeopardy under any view of the Constitution of the United States.
Jvdgment affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Benton v. Maryland, 395 U.S. 784 (U.S. 1969)…s, 199 U. S. 621 (1905), where it was held that retrial and conviction for murder following a successful appeal from a manslaughter conviction did not violate the Double Jeopardy Clause.15 Trono apparently dictated the result in Brantley v. Georgia, 217 U. S. 284 (1910), in which the Court held in a brief per curiam, without citing any authority, that a Georgia retrial and conviction for murder following the reversal on appeal of an earlier manslaughter conviction did not amount to “a case of twice in jeopar…
-
Green v. United States, 355 U.S. 184 (U.S. 1957)…ates, 202 U. S. 344, 378, a case arising in the continental United States, the Court referred to the principle established by the Trono decision without any suggestion that it was confined to cases arising in the Philippines. In Brantley v. Georgia, 217 U. S. 284, the defendant was convicted of manslaughter under an indictment for murder. On appeal to the State Court of Appeals, the conviction was reversed and the defendant retried and convicted of murder. Although the case concerned the Due Process Clause,…1 / 3
-
Price v. Georgia, 398 U.S. 323 (U.S. 1970)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence