Where one has been tried in a state court for murder and
convicted of manslaughter, and, on his own motion, obtains a
reversal and new trial, on which he is convicted of a higher
offense, and the constitution of the state provides that no one
shall be put in second jeopardy for the same offense save on his
own motion for new trial or in case of mistrial, there is no
question involved of twice in jeopardy under the Constitution of
the United States.
132 Ga. 573 affirmed.
The facts are stated in the opinion.
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
Page 217 U. S. 285
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. 132 Ga. 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 a 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.
Judgment affirmed.