Shoener v. Pennsylvania

Citations

• 207 U.S. 188
• 28 S. Ct. 110
• 52 L. Ed. 163
• 1907 U.S. LEXIS 1214

Syllabus

<p>One is not put in jeopardy if the indictment under which he is tried is so radically defective' that it would not support a judgment of conviction, and a judgment thereon would be arrested on motion.</p> <p>Where the defense is that the accused 4s put in jeopardy for the same offense by his trial under a-former indictment, if it appears from the record of that trial that the accused had not then or previously committed, and could not possibly have committed, any such crime as the one charged, and therefore that the court was without jurisdiction to have rendered any valid judgment against him—the accused is not, by such trial, put in second jeopardy for the offense specified in the last or new indictment;</p> <p>Where a conviction for embezzlement has been reversed on the ground that the money had not and could not be rightfully demanded when the indictment was found the accused is not put in second jeopardy by the trial on another indictment for embezzlement after demand rightfully made.</p>