Thurgood Marshall

“ Maryland argues that Green does not apply to this case because petitioner's original indictment was absolutely void. One cannot be placed in 'jeopardy' by a void indictment, the state argues. This argument sounds a bit strange, however, since petitioner could quietly have served out his sentence under this 'void' indictment had he not appealed his burglary conviction. Only by accepting the option of a new trial court the indictment be set aside; at worst the indictment would seem only voidable at the defendant's option, not absolutely void. ”

“ Palko's roots had thus been cut away years ago. We today only recognize the inevitable.
The fundamental nature of the guarantee against double jeopardy can hardly be doubted. Its origins can be traced to Greek and Roman times, and it became established in the common law of England long before this Nation's independence. ”

“ That is not a subject we must canvass today, however. It is sufficient for present purposes to hold that there is no jurisdictional bar to consideration of challenges to multiple convictions, even though concurrent sentences were imposed. ”

“ Similar reasoning was later applied in a case where a singe general sentence rested on convictions under several counts of an indictment. Drawing upon some English cases and some dicta from Lord Mansfield, [4] the Court in Claassen v. United States, 142 U.S. 140, 146, 12 S.Ct. 169, 170, 35 L.Ed. 966 (1891) held that if the defendant had validly been convicted on any one count 'the other counts need not be considered.' The most widely cited application of this approach to cases where concurrent sentences rather than a single general sentence, have been imposed is Hirabayashi v. ”