wilson argued december decided february jury entered guilty verdict respondent federal offense one respondent postverdict motions district dismissed indictment ground delay offense indictment prejudiced respondent right fair trial appeals dismissed government appeal ground double jeopardy clause barred review district ruling ruling based facts brought trial appeals held effect acquittal held trial judge rules favor defendant guilty verdict entered trier fact government may appeal ruling without contravening double jeopardy clause pp clause protects government appeals danger subjecting defendant second trial offense hence protection attach trial judge postverdict correction error law grant prosecution new trial subject defendant multiple prosecutions pp district ruling respondent favor disposed appeal without subjecting second trial government behest prevails appeal matter become final government permitted bring second prosecution offense whereas loses case must return district disposition remaining motions marshall delivered opinion burger stewart white blackmun powell rehnquist joined douglas filed dissenting opinion brennan joined post deputy solicitor general frey argued cause brief solicitor general bork assistant attorney general petersen edward korman philip lauer argued cause filed brief respondent justice marshall delivered opinion respondent george wilson tried eastern district pennsylvania converting union funds use violation reporting disclosure act stat jury entered guilty verdict postverdict motion district dismissed indictment ruled delay offense indictment prejudiced defendant dismissal called decision marion government sought appeal dismissal appeals third circuit held double jeopardy clause barred review district ruling granted certiorari consider applicability double jeopardy clause appeals postverdict rulings trial reverse april fbi began investigation respondent wilson business manager local international brotherhood electrical workers investigation focused wilson suspected conversion union funds pay part expenses daughter wedding reception payment apparently made check drawn union funds endorsed treasurer president local union respondent contended trial authorized two union officials make payment behalf know bill reception paid union funds june fbi completed investigation reported organized crime strike force local attorney office matter rested months three days prior running statute limitations respondent indicted illegal conversion union funds wilson made pretrial motion dismiss indictment ground government delay filing action denied opportunity fair trial chance mount effective defense impaired wilson argued two union officers signed check reception unavailable testify one died suffering terminal illness hearing denied pretrial motion case proceeded trial jury returned verdict guilty defendant filed various motions including motion arrest judgment motion judgment acquittal motion new trial district reversed earlier ruling dismissed indictment ground preindictment delay unreasonable substantially prejudiced defendant right fair trial union treasurer died prior noted loss testimony attributed preindictment delay union president however become unavailable period delay ruled since remaining witness explain circumstances payment check preindictment delay violated respondent fifth amendment right fair trial disposition marion claim made unnecessary rule defendant postverdict motions government sought appeal district ruling pursuant criminal appeals act appeals dismissed appeal judgment order citing decision sisson government petition rehearing wrote opinion reasoned since district relied facts brought trial finding prejudice preindictment delay ruling effect acquittal double jeopardy clause appeals held government constitutionally appeal acquittal even though rendered judge jury returned verdict guilty ii government argues appeals read double jeopardy clause broadly mischaracterized district ruling terming acquittal government view constitutional restriction governmental appeals intended solely protect exposing defendant multiple trials shield every determination favorable defendant appellate review since new trial necessary trier fact returned verdict guilty government argues permitted appeal adverse postverdict ruling alternative government urges even double jeopardy clause read bar appeal judgment acquittal district order case acquittal therefore appealable respondent argues prior cases double jeopardy clause prohibits appeal order discharging defendant order based facts outside indictment agree government constitutional protection government appeals attaches danger subjecting defendant second trial offense occasion determine whether ruling wilson favor actually acquittal even though district characterized otherwise early held government take appeal criminal case without express statutory authority sanges reaching underlying constitutional issue held general appeals provisions judiciary act stat sufficiently explicit overcome rule state sue writ error criminal case unless legislature expressly granted right fifteen years later congress passed first criminal appeals act conferred jurisdiction consider criminal appeals government limited circumstances stat act permitted government take appeal decision dismissing indictment arresting judgment decision based invalidity construction statute upon indictment founded decision sustaining special plea bar defendant put jeopardy act construed accordance meaning terms employed rules governing conditions appeal became highly technical number occasions struggle vagaries act one last unhappy efforts concluded act failure unruly child improved age sisson congress finally disposed statute replaced new criminal appeals act intended broaden government appeal rights language new act dispositive legislative history makes clear congress intended remove statutory barriers government appeals allow appeals whenever constitution permit bill proposed department justice permitted appeal decision judgment order district dismissing indictment information terminating prosecution favor defendant one counts except appeal lie judgment acquittal senate report bill indicated judiciary committee intended extend government appeal rights constitutional limits report wording bill however suggested committee thought double jeopardy clause bar appeal acquittal whether verdict acquittal jury judgment acquittal entered judge time committee appears thought constitution permit review ruling judge terminated prosecution even ruling came midst trial conference committee made two important changes bill although offered explanation conf committee omitted language purporting permit appeal order terminating prosecution favor defendant removed phrase barred appeal acquittal place provision committee substituted language ultimately enacted appeal authorized decision judgment order district dismissing indictment information except appeal shall lie double jeopardy clause constitution prohibits prosecution changes consistent senate committee desire authorize appeals whenever constitutionally permissible suggest congress decided rely upon courts define constitutional boundaries rather create statutory scheme might respects narrower broader fifth amendment allow light background seems inescapable congress determined avoid creating nonconstitutional bars government right appeal district order case therefore appealable unless appeal barred constitution statutory restrictions government appeals long made unnecessary consider constitutional limitations appeal rights prosecution except unusual circumstances even relevant cases discussion question brief congress removed statutory limitations double jeopardy clause held apply see benton maryland necessary take closer look policies underlying clause order determine precisely boundaries government appeal rights criminal cases documented elsewhere idea double jeopardy old see bartkus illinois black dissenting jenkins early development principle traced variety sources ranging legal maxims casual references contemporary commentary although form breadth prohibition varied widely underlying premise generally defendant twice tried punished offense sigler double jeopardy writing century lord coke described protection afforded principle double jeopardy function three related pleas autrefois acquit autrefois convict pardon exceptions pleas raised bar second trial defendant prove already convicted crime coke institutes ed blackstone later used ancient term jeopardy characterizing principle underlying two pleas autrefois acquit autrefois convict principle wrote universal maxim common law england man brought jeopardy life offence blackstone commentaries history adoption double jeopardy clause sheds light drafters thought blackstone universal maxim mean applied country time first congress one state constitutional provision embodying anything resembling prohibition double jeopardy course ratification proceedings however two suggested double jeopardy clause included among first amendments federal constitution apparently attempting accommodate suggestions james madison added ban double jeopardy proposed version bill rights presented house representatives june madison provision read person shall subject except cases impeachment one punishment one trial offence annals cong several members house challenged madison wording ground might misconstrued prevent defendant seeking new trial appeal conviction one madison supporters assured doubters proposed clause merely stated current law protection defendants implicit language stood madison wording survived house senate proposal rejected favor traditional language employing familiar concept jeopardy senate choice language tracked blackstone statement principles autrefois acquit autrefois convict adopted conference committee approved houses apparent dissension course debates bill rights suggestion double jeopardy clause imposed general ban appeals prosecution restriction appeal rights mentioned proposed versions clause maryland suggestion shall appeal matter fact apparently intended apply equally prosecution defense background clause suggest implied prohibition state appeals although late century king permitted sue writ error criminal case certain circumstances principles autrefois acquit autrefois convict imposed apparent restrictions right defendant indicted second time either conviction acquittal seek protection pleas development double jeopardy clause origins thus suggests directed threat multiple prosecutions government appeals least appeals require new trial cases construing double jeopardy clause reinforce view constitutional guarantee north carolina pearce observed double jeopardy clause provides three related protections protects second prosecution offense acquittal protects second prosecution offense conviction protects multiple punishments offense policy avoiding multiple trials regarded important exceptions principle grudgingly allowed initially new trial thought unavailable appeal whether requested prosecution defendant see gibert cas ccd mass story made clear defendant seek new trial conviction even though government enjoyed similar right ball following policy granted government right retry defendant mistrial manifest necessity act ends public justice otherwise defeated perez wheat contrast threat either multiple punishment successive prosecutions double jeopardy clause offended various situations appellate review subject defendant second trial held order favoring defendant constitutionally appealed government since criminal appeals act example government permitted without serious constitutional challenge appeal orders arresting judgment verdict entered defendant see bramblett green pratt app since reversal appeal merely reinstate jury verdict review order offend policy multiple prosecution similarly well settled appellate order reversing conviction subject review even appellate ordered indictment dismissed defendant discharged forman reversal appeals operated deprive government right seek review disposition appeals tantamount verdict acquittal hands jury subject review motion rehearing appeal certiorari ibid see also shotwell mfg difficult see rule different simply defendant gotten favorable postverdict ruling law district judge rather appeals district judge relied degree evidence presented trial making ruling although review ruling law discharging defendant obviously enhances likelihood conviction subjects continuing expense anxiety defendant legitimate claim benefit error law error corrected without subjecting second trial second trier fact noted relatively occasions comment directly constitutional restrictions government appeals relevant cases nonetheless consistent double jeopardy cases related areas focusing prohibition multiple trials controlling constitutional principle first addressed question ball supra trial indictment murder jury found one defendants guilty indictment later determined defective held acquittal even defective indictment sufficient bar subsequent prosecution offense verdict acquittal final wrote reviewed error otherwise without putting twice jeopardy thereby violating constitution eight years later faced double jeopardy challenge government appeal kepner prosecution sought essence trial de novo defendant acquitted bench trial relying ball case held try man verdict acquittal put twice jeopardy although verdict followed judgment permitting appeal kepner effect exposed defendant second trial violation constitutional protection multiple trials offense respondent contends ball kepner stand proposition key invoking double jeopardy protection whether defendant might subjected multiple trials whether point prior verdict judgment acquittal ball however explained review verdict acquittal barred primarily expose defendant risk second trial finder fact ruled favor first although kepner case technically involved single proceeding regarded practice equivalent two separate trials evil saw procedure plainly multiple prosecution first instance jurisdiction try question guilt innocence accused found kepner guilty try upon merits even appellate put second time jeopardy offense finally respondent places great weight decision sisson claims sisson extends constitutional protection government appeals case ruling appealed based upon facts outside face indictment sisson arose former criminal appeals act came direct appeal district defendant tried refusing submit induction jury found guilty postverdict motion however district entered termed arrest judgment dismissing indictment ground sisson convicted sincere opposition war vietnam outweighed country need draft government sought appeal district ruling theory within arresting judgment provision criminal appeals act held ruling appealable either arresting judgment motion bar provisions act dismissed case want appellate jurisdiction writing plurality four justices justice harlan gave three reasons conclusion district ruling appealable arrest judgment first wrote district ruling within definition arrest judgment since went beyond face record criminal appeals act noted drafted background statutory phrase limited meaning incorporate rulings relied upon evidence introduced trial second district ruling failed satisfy statutory requirement decision arresting judgment insufficiency indictment issue sincerity sisson beliefs presented indictment accordingly indictment insufficient appeals statute since sufficient charge offense allege facts established availability constitutional privilege part opinion justice black provided majority justice harlan explained third reason concluding district order arrest judgment order bottomed factual conclusions found indictment instead made basis evidence adduced trial acquittal rendered trial jury verdict guilty district postverdict ruling wrote indistinguishable hypothetical verdict acquittal entered jury instruction incorporating constitutional defense judge recognized ruling jury instructed acquitted pointed plainly appeal criminal appeals act legislative history act made clear congress contemplate review verdicts acquittal matter erroneous constitutional theory underlying instructions added appeal taken consistently double jeopardy clause latter point made following passage quite apart statute course well settled acquittal reviewed error otherwise without putting defendant twice jeopardy thereby violating constitution country verdict acquittal although followed judgment bar subsequent prosecution offence ball constrained disagree natural reading passage suggests reference double jeopardy clause meant apply hypothetical jury verdict order entered trial sisson appeal hypothetical jury verdict precluded statute constitution appeal district actual ruling case however barred solely statute direct effect constitution case pointed following quoted passage jurisdictional dismissal sisson retried accordingly find sisson authority proposition government constitutionally appeal postverdict order unappealable acquittal former criminal appeals act government seriously contended case ruling law judge course trial reviewable prosecution motion although view support among commentators since justice holmes adopted dissent kepner supra justice holmes accepted common ground double jeopardy clause forbids trial new independent case man already tried view first jeopardy treated continuing sides exhausted appeals claimed errors law regardless possibility defendant may subjected retrial verdict acquittal system permitting review claimed legal errors symmetry recommend avoid release defendants benefited instructions evidentiary rulings unduly favorable rejected position past continue view policies underlying double jeopardy clause militate permitting government appeal verdict acquittal granting government broad appeal rights allow prosecutor seek persuade second trier fact defendant guilt failed first permit weaknesses first presentation order strengthen second disserve defendant legitimate interest finality verdict acquittal interests however apply case postverdict ruling law trial judge correction error law stage grant prosecutor new trial subject defendant harassment traditionally associated multiple prosecutions therefore conclude judge rules favor defendant verdict guilty entered trier fact government may appeal ruling without running afoul double jeopardy clause iii applying principles present case relatively straightforward task jury entered verdict guilty wilson ruling favor marion motion acted appeals indeed without subjecting second trial government behest prevails appeal matter become final government permitted bring second prosecution offense loses case must go back district disposition remaining motions therefore reverse judgment remand appeals consider merits government appeal reversed remanded footnotes significantly statute expressly provided government writ error case verdict favor defendant legislative history indicates provision added ensure statute conflict principles double jeopardy clause see cong rec statute amended several times amendments render construction simpler significant change statute amendment stat congress provided dismissals reviewed courts appeals appellate jurisdiction extend prosecutions information statute amended authorize government appeals pretrial rulings granting motions suppress return seized property stat see weller sisson mersky borden new statute passed title iii omnibus crime control act pub stat expressions principle found english law time year books early century english courts begun use term jeopardy connection principle multiple trials see kirk jeopardy period year books rev part art xvi new hampshire constitution read subject shall liable tried acquittal crime offence contained prohibition however retrial conviction thorpe federal state constitutions among suggested amendments new york sent congress ratification declaration one read person put twice jeopardy life limb one offence unless case impeachment punished offence elliott debates federal constitution language borrowed heavily blackstone formulation maryland also sent proposed version double jeopardy clause read shall appeal matter fact second trial acquittal provision shall extend cases may arise government land naval forces elliott supra brief report debate appears sides agreed defendant second trial conviction government new trial acquittal representative sherman commented defendant acquitted first trial tried second time convicted first thing appear set judgment aside entitled second certainly favorable annals cong prosecution appeal rights generally limited cases error appeared face record defendant obtained acquittal fraud treachery see friedland double jeopardy exception one trial rule explained conclusory theories defendant waives double jeopardy claim appealing conviction first jeopardy continues acquitted conviction becomes final see green justice harlan noted tateo however practical justification exception simply fairer defendant government perez emphasized limited scope exception adding sure power declare mistrial subject defendant retrial used greatest caution urgent circumstances plain obvious causes number occasions observed double jeopardy clause prohibits merely punishing twice attempting second time punish criminally offense helvering mitchell see also one lot emerald cut stones stroud cf jorn judge learned hand took position zisblatt appeal dismissed government motion long verdict guilty remains datum correction errors law attaching proper legal consequences trench upon constitutional prohibition challenge kepner based constitution statutory provision extended double jeopardy protection philippines cases construing statute necessarily control construction double jeopardy clause fifth amendment see green accept kepner correctly stated relevant double jeopardy principles although kepner technically involved one proceeding regarded second factfinding equivalent second trial subsequent cases treated kepner principle addressed evil successive trials see stroud palko connecticut respondent interpretation passage reliance ball difficult explain rationale ball case particularly portion quoted sisson turns fact appeal might result second trial necessary sisson narrower reading passage reference ball precisely point verdict hypothetical jury unappealable reason stated quotation ball case addition respondent proposed reading passage constitutionalize distinctions sisson anticipated amended criminal appeals act eliminate postverdict order except arrest judgment constitutionally appealable courts appeals continue plagued limitations imposed awkward ancient criminal appeals act worse still unhappy task exploring pleading distinctions existed common law imposed see benton maryland view sisson singularly inappropriate case decide constitutional point constitutional question raised briefed parties resolution issue manner respondent suggests marked significant development double jeopardy law deserving plenary treatment government advanced argument rather cautiously brief companion case jenkins post upon relied case see brief jenkins pp see mayers yarbrough bis vexari new trials successive prosecutions harv rev miller appeals state criminal cases yale see ashe swenson brennan concurring green comment double jeopardy government appeals criminal dismissals tex rev justice douglas justice brennan joins dissenting respondent wilson indicted converting use funds local ibew served business manager financial secretary theory prosecution respondent caused union funds expended daughter wedding reception undisputed check drawn union signed two union officers brinker schaefer forwarded hotel wedding reception held hotel applied payment satisfaction debts incurred account reception funds paid november indictment returned october three days prior running statute limitations time neither two signatories union check available testify case brinker died schaefer terminally respondent filed pretrial motion dismiss indictment ground preindictment delay violated due process clause fifth amendment see marion specifically respondent argued unavailability two signatories caused preindictment delay prejudiced defense two pretrial hearings district denied motion trial established local attorney one burke made deposit hotel wedding reception held cover expenses bill balance mailed hotel respondent home address five months later check signed brinker schaefer arrived testimony established usual procedure issuance check completion voucher signed local president schaefer recording secretary thus signifying approval expenditure preparation check secretary signature local president treasurer established respondent first given brinker schaefer office positions though elected offices held union respondent testified never directed anyone issue check question reimbursed burke personally deposit acknowledge however burke told november shortly payment reached hotel bill paid close evidence respondent renewed motion dismiss account preindictment delay judge withheld decision receiving verdict jury found respondent guilty district ruled respondent motion found government unreasonably delayed indictment months completion fbi investigation found delay caused union president schaefer unavailable trial witness brinker died government investigation progress since view presence schaefer signer check voucher added testimony utmost importance trial ruled respondent substantially prejudiced delay deprived trial schaefer testimony accordingly dismissed indictment government sought appeal arguing dismissal erroneous appeals held appeal government violated double jeopardy clause sisson facts developed trial sisson led jury convict jury verdict district rendered postverdict opinion called arrest judgment called directed acquittal described legal determination basis facts adduced trial relating general issue case reading reaffirmed jorn present case district reviewed evidence given trial concluded respondent prejudiced testimony missing witness terminally ill probably added asked appeal appellate judges review independently evidence trial bearing guilt reach different conclusion ball said dictum continuing impact law verdict acquittal final reviewed error otherwise without putting twice jeopardy thereby violating constitution emphasis supplied kepner defendant acquitted embezzling charge following nonjury trial philippines government took appeal philippines independently reviewed record found kepner guilty reversed holding double jeopardy clause barred entry conviction appellate considered appellate review philippine equivalent second trial ball accordingly held settled law former jeopardy includes one acquitted verdict duly rendered protection peril second punishment tried offense present case fong foo ruling trial based part evidence adduced trial part related issues thus issue speedy trial present case reviewable part parcel process weighing government evidentiary case respondent therefore affirm judgment technically construing double jeopardy clause statute passed congress administration philippines contained identical language treated question constitutional one finding dictum ball controlling