Labels:book | reckoner | sky | tree OCR: Likewise, in Price Georgia, 398 U.S. 323 (1970), this Court held that when the jury is silent the greater offense and convicts the defendant of the lesser offense the silent veridet is an acquittal. Thus, retrial on the gre ater offense following reversal on appeal violates the double jeopardy clause Price rciteraled the dual basis for the holding 1 Green First, [the Green Court] considered the first jury's verdict of guilty on the second degree murder churae to be an "implicit acquittal" on the charge of first degree murder Second, and more broadly. the Court reasoned that petitioner's jeopardy uo the greater charge had ended when the IS.IJ jury given full opportunity return verdiet" u0 that charge and instcad reached verdiet on the lesser charge Price supra H 328 Under either prong the G ...
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