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WADE v. HUNTER

No. 427.

336 U.S. 684 (1949)

69 S.Ct. 834

93 L.Ed. 974

WADE v. HUNTER, WARDEN.

Supreme Court of United States.

Decided April 25, 1949.

Attorney(s) appearing for the Case

R.T. Brewster and N.E. Snyder argued the cause for petitioner. With them on the brief was Harry W. Colmery.

Oscar H. Davis argued the cause for respondent. With him on the brief were Solicitor General Perlman, Assistant Attorney General Campbell and Robert S. Erdahl.

MR. JUSTICE BLACK delivered the opinion of the Court.

The Fifth Amendment to the Constitution provides that a person shall not "be twice put in jeopardy of life or limb" for the same offense. The petitioner, now in prison under a court-martial conviction for a serious offense, contends he is entitled to his freedom because another court-martial had previously put him in jeopardy for the same offense. The first court-martial was dissolved by the convening authority...

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