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Benton v. Maryland ：ウィキペディア英語版

Benton v. Maryland

(詳細はSupreme Court of the United States decision concerning double jeopardy. ''Benton'' ruled that the Double Jeopardy Clause of the Fifth Amendment does apply to the states. In doing so, ''Benton'' expressly overruled ''Palko v. Connecticut'', .
==Facts of the case==
John Dalmer Benton was tried on charges of larceny and burglary. He was acquitted of larceny but convicted of burglary and was sentenced to 10 years in prison.
Shortly after Benton's conviction, the Maryland Court of Appeals had ruled in ''Schowgurow v. State'' that the portion of the Maryland Constitution which had required all jurors to swear to their belief in the existence of God was itself unconstitutional. Since the jurors in Benton's case had been selected under the unconstitutional provision, he was given the option of demanding a new trial. Benton did in fact choose to undergo a new trial, but at the second trial, the state again charged Benton with larceny even though he had been acquitted of larceny in the first trial. The second trial concluded with Benton being found guilty of both burglary and larceny.

抄文引用元・出典: フリー百科事典『ウィキペディア（Wikipedia）』
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