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Benton v. Maryland

United States Supreme Court

395 U.S. 784 (1969)

Relevant factsFree

Benton (defendant) was acquitted of larceny but convicted of burglary by a jury selected under a Maryland law later declared unconstitutional; given a chance to demand a new indictment and trial, Benton was retried on both charges and convicted of both, receiving a longer sentence than before. Benton argued the second larceny prosecution, after his earlier acquittal, violated double jeopardy; the state courts rejected the claim, and Benton petitioned the U.S. Supreme Court.

IssueFree

Whether the Fifth Amendment's protection against double jeopardy applies to state criminal prosecutions through the Fourteenth Amendment.

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