Solomon Brantley v. State of Georgia
| Citation | 217 U.S. 284,54 L.Ed. 768,30 S.Ct. 514 |
| Decision Date | 11 April 1910 |
| Docket Number | No. 692,692 |
| Parties | SOLOMON BRANTLEY, Plff. in Err., v. STATE OF GEORGIA |
| Court | United States Supreme Court |
Mr. John Randolph Cooper for plaintiff in error.
Mr. John C. Hart for defendant in error.
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. 132 Ga. 573, 22 L.R.A.(N.S.) 959, 64 S. E. 676.
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.' [Art. 1, § 1, ¶ 8.] 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 5th 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.
To continue reading
Request your trial
-
Green v. United States
...by the Trono decision without any suggestion that it was confined to cases arising in the Philippines. In Brantley v. State of Georgia, 217 U.S. 284, 30 S.Ct. 514, 54 L.Ed. 768, the defendant was convicted of manslaughter under an indictment for murder. On appeal to the State Court of Appea......
-
United States v. Wilkins
......v. . Walter H. WILKINS, Warden of Attica State Prison, Attica, New York, Respondent-Appellee. . No. 373, Docket 29104. . ...221, 2 S.Ct. 443, 27 L.Ed. 506 (1882), and Brantley v. State of Georgia, 217 U.S. 284, 30 S.Ct. 514, 54 L.Ed. 768 (1910), do ......
-
Com. v. Warfield
...is a limitation upon the powers of the federal government and is not a limitation upon the states. Brantley v. State of Georgia, 217 U.S. 284, 30 S.Ct. 514, 54 L.Ed. 768. The view which we are now taking, it may be admitted, was not that entertained by the court in Com. v. Fitzpatrick which......
-
Benton v. Maryland
...manslaughter conviction did not violate the Double Jeopardy Clause.15 Trono apparently dictated the result in Brantley v. Georgia, 217 U.S. 284, 30 S.Ct. 514, 54 L.Ed. 768 (1910), in which the Court held in a brief per curiam, without citing any authority, that a Georgia retrial and convict......