Section 30.20 Insufficiency of Evidence

LibraryCriminal Practice 2012 Supp

1. (§30.20) Insufficiency of Evidence

Double jeopardy is not offended by the retrial of a defendant who has succeeded in having a conviction reversed on appeal. United States v. Ball, 163 U.S. 662, 672 (1896); State v. Akers, 877 S.W.2d 147 (Mo. App. S.D. 1994). In Burks v. United States, 437 U.S. 1 (1978), the United States Supreme Court provided an exception to this rule when it held that the double jeopardy clause prohibits retrial when a defendant’s conviction is overturned on grounds that the evidence...

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