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Constitutional Law Keyed to Farber
Palko v. Connecticut
Citation:Palko v. Connecticut, 302 U.S. 319, 58 S.Ct. 149, 82 L.Ed 288 (1937)
Palko was indicted for first-degree murder, but the trial court jury found him guilty of the lesser charge of second-degree murder for which he received a life sentence. The State of Connecticut appealed, contending that the trial judge erred in excluding certain evidence and in his instructions to the jury regarding the difference between the charges of first and second degree murder. The Connecticut Supreme Court of Errors ordered a new trial. Palko was convicted of first-degree murder in the second trial and sentenced to death. Palko argued that the second trial violated his right against double jeopardy contained in the Fifth Amendment and that the Fourteenth Amendment extended that protection to actions taken by the states.
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Topic OutlineFifth Amendment Rights
Topic Refresher CoursesThe 5th Amendment Conspiracy; Introduction to Homicide and Murder Part 1