Summary of Green v. United States

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Green v. United States

The petitioner, Everett Green, was indicted by the District of Columbia grand jury for committing arson by maliciously setting fire to a house and causing the death of a woman by this alleged arson which if true amounted to murder in the first degree punishable by death. The jury found Green guilty of arson and of second murder but did not find him guilty on the charge of murder in the first degree. Green was sentenced to one -three years imprisonment for arson and five- twenty imprisonment for murder in second degree murder. The court of appeal reversed that conviction because it was not supported by evidence and remanded a new trial. On remand Green was tried again for first degree murder the original indictment. He raised the defense of former jeopardy but the court overruled his plea. On appeal, two judges concurred in rejection of his defense of former jeopardy while three judges dissented expressing the view that Green had twice been placed in jeopardy in violation of the constitution.


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