302 U.S. 319 (1937)
Defendant appealed a judgment that affirmed the death sentence imposed on the ground that Conn. Gen. Stat. § 6494, which allowed the State to appeal in a criminal case, violated U.S. Constitutional Amendment XIV because it allowed defendant to be tried twice and thus subjected him to double jeopardy in violation of U.S. Constitutional Amendment V.
- The United States Supreme Court affirmed, holding that not all U.S. Constitutional Amendment V rights were applicable to the states through U.S. Constitutional Amendment XIV, and the state could choose not to adopt a right if it was not of the very essence of a scheme of ordered liberty, and its abolishment would not violate a principle of justice so rooted in the traditions and conscience of the American people as to be ranked as fundamental.
- The Court ruled that the state statute did not deny petitioner due process of law because allowing a retrial did not violate fundamental principles of liberty and justice where it was only done to ensure a trial free from substantial legal error.
The Court affirmed the death sentence for first degree murder.
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