PALKO V. CONNECTICUT
302 U.S. 319 (1937)
NATURE OF THE CASE: Palko (D) appealed a reversal of his conviction for second degree
murder under a statute permitting appeals in criminal cases to be taken by Connecticut (P)
and subsequent retrial as a violation of double jeopardy for the same offense, and in so
doing to violate the Fourteenth Amendment of the Constitution of the United States.
FACTS: D was convicted of murder in the second degree. On appeal, the conviction was
reversed, and the case was remanded for a new trial. The second trial produced a murder
conviction in the first degree to which a death sentence was attached. D asserted that the
Fifth Amendment's Double Jeopardy Clause was incorporated by the Due Process Clause of the
Fourteenth Amendment and applicable to the states. The Appeals Court upheld the conviction.
The U.S. Supreme Court affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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