John Marshall Harlan

“ It is an established rule that one is not put in jeopardy if the indictment under which he is tried is so radically defective that it would not support a judgment of conviction, and that a judgment thereon would be arrested on motion. ”

“ The defense of double jeopardy could not be sustained unless we should hold that the charge against Shoener in the first indictment could be sustained under the statute. But we cannot so adjudge without disregarding altogether the decision of the supreme court of f Pennsylvania, and without holding that an accused is put in peril by a prosecution which could no legally result in a conviction for crime. ”