burks argued november decided june petitioner support insanity defense bank robbery charge offered expert testimony government offered expert lay testimony rebuttal case submitted jury district denied motion acquittal jury found petitioner guilty charged thereafter motion new trial ground evidence insufficient support verdict denied appeals holding government failed rebut petitioner proof insanity reversed remanded district determine whether directed verdict acquittal entered new trial ordered citing inter alia authority remand authorizes federal appellate courts remand cause direct entry appropriate judgment decree order require proceedings may circumstances held double jeopardy clause fifth amendment precludes second trial reviewing found evidence insufficient sustain jury verdict guilty remedy available entry judgment acquittal pp purposes determining whether double jeopardy clause precludes second trial reversal conviction reversal based insufficiency evidence distinguished reversal trial error holding evidence insufficient sustain guilt appellate determines prosecution failed prove guilt beyond reasonable doubt given requirements entry judgment acquittal permit second trial negate purpose double jeopardy clause forbid second trial prosecution afforded another opportunity supply evidence failed muster first trial pp makes difference defendant sought new trial one remedies even sole remedy waive right judgment acquittal moving new trial bryan sapir yates forman overruled extent suggest waiver pp burger delivered opinion members joined except blackmun took part consideration decision case bart durham iii argued cause filed briefs petitioner frank easterbrook argued cause pro hac vice brief acting solicitor general friedman assistant attorney general civiletti michael farrell chief justice burger delivered opinion granted certiorari resolve question whether accused may subjected second trial conviction prior trial reversed appellate solely lack sufficient evidence sustain jury verdict petitioner burks tried district crime robbing federally insured bank use dangerous weapon violation burks principal defense insanity prove claim petitioner produced three expert witnesses testified albeit differing diagnoses mental condition suffered mental illness time robbery rendered substantially incapable conforming conduct requirements law rebuttal government offered testimony two experts one testified although petitioner possessed character disorder mentally ill prosecution witness acknowledged character disorder petitioner gave rather ambiguous answer question whether burks capable conforming conduct law lay witnesses also testified government expressing opinion petitioner appeared capable normal functioning sane time alleged offense case submitted jury denied motion judgment acquittal jury found burks guilty charged thereafter filed timely motion new trial maintaining among things evidence insufficient support verdict motion denied district concluded petitioner challenge sufficiency evidence utterly without merit appeal petitioner narrowed issues admitting affirmative factual elements charge leaving claim concerning criminal responsibility resolved respect point appeals agreed petitioner claim evidence insufficient support verdict reversed conviction began noting government burden proving sanity beyond reasonable doubt prima facie defense insanity raised petitioner met obligation indicated presenting specific testimony three experts unchallenged credentials reviewing went hold fulfilled burden since prosecution evidence respect burks mental condition even viewed light favorable government effectively rebu petitioner proof respect insanity criminal responsibility ibid particular witnesses presented prosecution failed express definite opinions precise questions identified critical cases involving issue sanity ibid point appeals rather terminating case petitioner remanded district determination whether directed verdict acquittal entered new trial ordered ibid indicating district choose appropriate course balancing equities explicitly adopted procedures utilized fifth circuit bass guide used remand reverse remand case district defendant entitled directed verdict acquittal unless government presents sufficient additional evidence carry burden issue defendant sanity noted earlier question sufficiency evidence make issue jury defense insanity question law decided trial judge district sitting without presence jury satisfied government presentation may order new trial even government presents additional evidence district judge may refuse order new trial finds record prosecution opportunity fully develop case fact first trial ii certiorari question whether appeals correct holding government failed meet burden proof respect claim insanity accordingly issue open review given posture squarely presented question whether defendant may tried second time reviewing determined prior trial evidence insufficient sustain verdict jury petitioner argument straightforward contends appeals holding nothing less decision district erred granting motion judgment acquittal implication argues appellate reversal operative equivalent district judgment acquittal entered either verdict petitioner points however district found evidence first trial inadequate appeals said done second trial violate double jeopardy clause fifth amendment therefore maintains makes difference determination evidentiary insufficiency made reviewing since double jeopardy considerations regardless decides judgment acquittal order position advanced petitioner embraced prior holdings indeed appeals recognized bryan supra appear contrary bryan defendant convicted district evasion federal income tax laws bryan moved judgment acquittal close government case evidence presented verdict returned renewed motions asked alternative new trial motions denied appeals reversed conviction specific ground evidence insufficient sustain verdict remanded case new trial certiorari granted determine whether appeals properly ordered new trial whether entered judgment acquittal affirming appeals decided first appeals statutory authority direct new trial bryan also maintained notwithstanding retrial prohibited double jeopardy clause contention dismissed one paragraph petitioner contention require stand trial place twice jeopardy persuasive sought obtained reversal conviction assigning number alleged errors appeal including denial motion judgment acquittal accused successfully seeks review conviction double jeopardy upon new trial francis resweber see trono concurring sapir judgment directed dismissal indictment justice douglas indicated basis reversal correct rule stated kepner settled law former jeopardy includes one acquitted verdict duly rendered jury acquitted plainly double jeopardy give government another go citizen kepner case trial judge rendered verdict acquittal guarantee double jeopardy prevent new trial old offense see difference appellate orders judgment acquittal lack evidence petitioner sapir asked new trial different considerations come play defendant opens whole record disposition might see bryan emphasis added think may drawing power statute doubt justified refusing order acquittal even evidence might deemed palpably insufficient particularly since petitioners asked alternative new trial well acquittal see bryan three years later forman treated questions conviction reversed appeals due improper instruction jury trial error opposed evidentiary insufficiency although petitioner forman moved new trial judgment acquittal argued new trial appropriate relief since requested judgment acquittal respect specific trial error agreed appeals without distinguishing reversal due trial error reversal resulting solely evidentiary insufficiency held new trial involve double jeopardy elementary law person tried second time offense prior conviction offense set aside appeal ball even though petitioner right claim request new trial respect portion charge dealing statute limitations still plea double jeopardy must fail appeals full power go beyond particular relief sought see ball cases supra holdings area beginning bryan hardly characterized models consistency clarity bryan seemingly stood proposition appellate order whatever relief appropriate equitable regardless considerations prompted reversal somewhat different course taken concurrence sapir suggested reversal evidentiary insufficiency require judgment acquittal unless defendant requested new trial yates contrary implied new trials ordered cure prior inadequacies proof even defendant moved completely resolving ambiguities forman suggested reviewing go beyond relief requested defendant order new trial circumstances discussing sapir however forman intimated different result might follow conviction reversed evidentiary insufficiency defendant requested new trial line decisions least one proposition emerged defendant requests new trial one avenue relief may required stand trial even conviction reversed due failure proof first trial given petitioner appealed denial motion new trial although moved acquittal trial prior cases seem indicate appeals power remand terms ordered reach different result require departure holdings iii unquestionably true appeals decision represente resolution correct factual elements offense charged martin linen supply deciding government failed come forward sufficient proof petitioner capacity responsible criminal acts clearly saying burks criminal culpability established district held first instance reviewing said done judgment acquittal entered course petitioner retried offense see fong foo kepner consequently justice douglas correctly perceived sapir make difference reviewing rather trial determined evidence insufficient see appellate decision unmistakably meant district erred failing grant judgment acquittal hold otherwise create purely arbitrary distinction petitioner position others enjoy benefit correct decision district see sumpter degroote double jeopardy clause forbids second trial purpose affording prosecution another opportunity supply evidence failed muster first proceeding central objective prohibition successive trials clause allow state make repeated attempts convict individual alleged offense since constitutional prohibition double jeopardy designed protect individual subjected hazards trial possible conviction alleged offense green see serfass jorn nonetheless discussion part ii supra indicates past holdings appear consistent believe double jeopardy clause commands close reexamination precedents however persuades us properly construed clause accordingly longer followed reconsideration must begin bryan brief somewhat cursory examination double jeopardy issue limited stating accused successfully seeks review conviction double jeopardy upon new trial citing louisiana ex rel francis resweber trono two cited authorities represent totality analysis add little anything toward resolving double jeopardy problem presented bryan resweber involved facts completely unrelated evidentiary insufficiency admittedly unusual circumstances decided state allowed another chance carry execution one properly convicted sentence death initial attempted electrocution failed due mechanical difficulty passing opinion stated accused successfully seeks review conviction double jeopardy upon new trial ball trono made similar comment citing ball proposition judgment conviction reversed defendant appeal avail provision bar new trial offense convicted common ancestor statements resweber trono ball provides logical starting point unraveling conceptual confusion arising bryan cases followed wake especially true since ball appears represent first instance considered detail double jeopardy implications appellate reversal north carolina pearce ball came twice first occasion writ error federal convictions murder initial review defendants found guilty obtained reversal convictions due fatally defective indictment remand appeal trial dismissed flawed indictment proceeded retry defendants new indictment convicted defendants came arguing second trial barred former jeopardy rejected plea brief statement defendant procures judgment upon indictment set aside may tried anew upon indictment upon another indictment offense convicted hopt utah regina drury cox crim cas car kirw commonwealth gould gray doubt ball correct allowing new trial rectify trial error principle double jeopardy clause preclude government retrying defendant whose conviction set aside error proceedings leading conviction part constitutional jurisprudence tateo emphasis supplied various rationales advanced support policy allowing retrial correct trial error view reasonable justification advanced tateo supra high price indeed society pay every accused granted immunity punishment defect sufficient constitute reversible error proceedings leading conviction said defendant conviction overturned due failure proof trial case prosecution complain prejudice given one fair opportunity offer whatever proof assemble moreover appellate reversal means government case lacking even submitted jury since necessarily afford absolute finality jury verdict acquittal matter erroneous decision difficult conceive society greater interest retrying defendant review decided matter law jury properly returned verdict guilty importance reversal grounds evidentiary insufficiency purposes inquiry double jeopardy clause underscored fact federal role deciding whether case considered jury quite limited even trial heard testimony witnesses firsthand weigh evidence assess credibility witnesses judges merits motion acquittal see wolfenbarger nelson mcclard curley app cert denied prevailing rule long district judge submit case jury evidence inferences therefrom favorable prosecution warrant jury finding defendant guilty beyond reasonable doubt see wright federal practice procedure pp powell app crawford app obviously federal appellate applies higher standard rather must sustain verdict substantial evidence viewed light favorable government uphold jury decision see glasser appropriate occasion detail standards appellate reversal grounds insufficient evidence apparent decision confined cases prosecution failure clear given requirements entry judgment acquittal purposes clause negated afford government opportunity proverbial second bite apple view makes difference defendant sought new trial one remedies even sole remedy meaningfully said person waives right judgment acquittal moving new trial see green moreover forman indicated appellate authorized go beyond particular relief sought order provide relief circumstances since hold today double jeopardy clause precludes second trial reviewing found evidence legally insufficient remedy available direction judgment acquittal extent prior decisions suggest moving new trial defendant waives right judgment acquittal basis evidentiary insufficiency cases overruled accordingly judgment appeals reversed case remanded proceedings consistent opinion reversed remanded footnotes although appeals cite davis decision require allocation burdens title provides appellate jurisdiction may affirm modify vacate set aside reverse judgment decree order lawfully brought review may remand cause direct entry appropriate judgment decree order require proceedings may circumstances claim case trial committed error excluding prosecution evidence received rebutted claim evidentiary insufficiency district determines close either side case evidence insufficient shall order entry judgment acquittal fed rule crim proc see wright federal practice procedure recognize terms remand case district might well conclude balancing equities second trial held nonetheless double jeopardy clause applicable sweep absolute equities balanced clause declared constitutional policy based grounds open judicial examination trono arose murder prosecution philippines nonjury trial defendants acquitted crime murder convicted lesser included offense assault appealed philippine islands reversed judgment entered convictions murder increasing sentences well affirmed although seems apparent majority unable agree common ground conclusion appeal lesser offense destroyed defense former jeopardy greater offense defendant already acquitted green green expressly confined trono decision peculiar factual setting namely interpretation statutory provision double jeopardy pertaining philippine islands see price georgia hopt utah last four appeals defendant murder conviction territory utah first three appeals convictions reversed new trials ordered trial errors improper instruction absence accused portion trial improper hearsay testimony received prejudicial instruction inadequate record due failure record jury instructions claim evidentiary insufficiency sustained indeed discussion double jeopardy appears commonwealth gould mass state case defendant ordered tried superseding indictment original indictment challenged finally english case queen drury cox crim cas eng defendants given improper sentence found guilty trial error assigned allowed retrial saying man tried convicted attainted insufficient indictment record erroneous part much jeopardy literally punishment may lawfully inflicted unless attainder reversed error yet done may certainly indicted offense rule held apply never jeopardy former indictment eng suggested example appeal conviction amounts waiver double jeopardy protections see trono see green supra appeal somehow continues jeopardy attached first trial see price georgia supra see breed jones holding evidence insufficient sustain guilt appellate determines prosecution failed prove guilt beyond reasonable doubt see american tobacco basic issue appellate concerns sufficiency government proof defendant sanity reviewing wary disturbing jury verdict may cases facts adduced existence impact accused mental condition may overwhelming require judge conclude reasonable juror entertain reasonable doubt view complicated nature decision made intertwining moral legal medical judgments require unusually strong showing induce us reverse conviction judge left critical issue criminal responsibility jury king app omitted