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Overruled by Price v. Georgia, 398 U.S. 323 (1970)

Source: Table of Supreme Court Decisions Overruled by Subsequent Decisions, Constitution Annotated (Library of Congress). Check later history yourself before relying on this case.

Brantley v. Georgia

Brantley v. State of Georgia

Brantley v. Georgia, 217 U.S. 284 (1910)
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Court
Supreme Court of the United States
Decided
April 11, 1910
Docket
No. 692
Judges
Per Curiam
Citations
217 U.S. 28430 S. Ct. 51454 L. Ed. 7681910 U.S. LEXIS 1961
Cited by 29
Syllabus
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 Georgia, 573, affirmed.
Summary
ERROR TO THE SUPREME COURT OTP TOP, STATE OF GEORGIA. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

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 *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.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 29 cases

View all citing references →
1915: 11922: 11924: 11926: 11932: 11933: 11937: 11942: 11945: 11955: 11957: 11958: 11960: 11962: 11964: 11965: 11966: 21967: 41968: 11969: 11975: 11976: 11987: 11989: 11995: 119152026peak 1967 · 4

Relies on it most ⓘ

  1. United States ex rel. Hetenyi v. Wilkins348 F.2d 844 (2d Cir. 1965)
  2. United States ex rel. Hetenyi v. Wilkins227 F. Supp. 460 (W.D.N.Y. 1964)
  3. Benton v. Maryland395 U.S. 784 (1969)
  4. Green v. United States355 U.S. 184 (1957)
  5. Kohlfuss v. Warden of Connecticut State Prison183 A.2d 626 (Conn. 1962)
  6. People v. Ressler216 N.E.2d 582 (N.Y. 1966) · Concurring in Part, Dissenting in Part

Most recent

  1. State v. George527 N.W.2d 638 (Neb. Ct. App. 1995)
  2. State v. William P.41 Conn. Supp. 356 (1989)
  3. Rowe v. State352 S.E.2d 813 (Ga. Ct. App. 1987)
  4. Lincoln v. State225 S.E.2d 708 (Ga. Ct. App. 1976)
  5. Wood v. State218 S.E.2d 47 (Ga. 1975)
  6. Benton v. Maryland395 U.S. 784 (1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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