William O. Douglas

“ The resolution of this crucial alibi issue in favor of the prosecution was as essential to conviction in the second trial as its resolution in favor of the accused was essential to his acquittal in the first trial. Since petitioner was placed in jeopardy once and found not to have been present or a participant, he should be protected from further prosecution for a crime growing out of the identical facts and occurring at the same time. ”

“ Palko was indicted for the crime of murder in the first degree and was found guilty by a jury of murder in the second degree. He was sentenced to confinement for life. Pursuant to a state statute, the prosecution appealed and obtained a reversal and a new trial. This time Palko was convicted of murder in the first degree and sentenced to death. That is a decision under the Double Jeopardy Clause with which I do not agree since Palko was forced to face the risk of the death penalty twice on the same evidence and the same charge. ”

“ One indispensable element of the crime was the taking of property 'by violence or putting him in fear,' as provided by the New Jersey statute defining robbery. N.J.Stat.Ann.1939, 2:166-1. [2] The critical evidence was petitioner's alibi: He claimed to be at another place at the time. ”