Price v. Georgia

Background

A man was charged with killing Johnnie Mae Dupree in Georgia. At his first trial in 1962 a jury convicted him of the lesser offense of voluntary manslaughter and sentenced him to 10–15 years. That conviction was later reversed because of an erroneous jury instruction, and the man was retried in 1967 on the original murder charge. During the second trial the judge instructed the jury on murder as well as manslaughter; the jury again convicted him of voluntary manslaughter and imposed a ten-year sentence. Georgia courts affirmed the second conviction, relying on an older state case that allowed retrial for the greater offense after a reversed conviction on the lesser offense.

Reasoning

The Supreme Court examined whether being tried again for murder after a jury had convicted only of a lesser included offense violated the protection against being put twice in jeopardy. The Court relied on earlier federal decisions holding that a jury verdict on a lesser included offense can be treated as an implicit acquittal of the greater charge when the jury had a full opportunity to decide the greater charge. The Court concluded that the Georgia precedent was no longer viable under later federal cases and reversed the conviction, holding that retrial for the greater charge was barred in these circumstances.

Real world impact

The ruling protects defendants from being tried a second time for a greater offense when a jury, given a full opportunity, convicted only of a lesser included offense. The Court sent the case back to Georgia courts so state judges can decide whether the defendant may be reindicted or retried for voluntary manslaughter under state law. One Justice did not participate in the decision.