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Cichos v. Indiana, 385 U.S. 76 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cichos v. Indiana, 385 U.S. 76 (1966)
Cichos v. Indiana No. 45 Argued October 19, 1966 Decided November 14, 1966 385 U.S. 76
CERTIORARI TO THE SUPREME COURT OF INDIANA
Syllabus
Following trial of petitioner on two counts for reckless homicide and for involuntary manslaughter, the jury found him guilty of reckless homicide. The State Supreme Court granted him a new trial, and he was retried on both counts, the second jury returning the same verdict as the first. The same prison sentence as before, and a lower fine, were imposed. The State Supreme Court affirmed, rejecting petitioner’s contention that the first jury’s silence on the manslaughter charge constituted an acquittal, and that retrial on that count had unconstitutionally subjected petitioner to double jeopardy.
Held: the writ of certiorari is dismissed as improvidently granted. Pp. 77-80.
(a) Under Indiana law, the acknowledgedly overlapping offenses of involuntary manslaughter and reckless homicide (which carries a lesser penalty) are treated more as one offense with different penalties than as a greater and an included offense. A final judgment of conviction of one bars prosecution for the other, and, if there is a conviction for both offenses, a penalty can be imposed for only one. Pp. 78-79.
(b) As the Indiana Supreme Court held, because of the identity of the elements of the two crimes and the known trial court practice of instructing the jury to return a verdict on but one of the charges, the jury’s silence on the involuntary manslaughter count was not tantamount to acquittal, the reckless homicide verdict encompassed the elements of involuntary manslaughter, and petitioner was given the lesser penalty. Pp. 79-80.
Reported below: ___ Ind. ___, 208 N.E.2d 685, ___ Ind. ___, 210 N.E.2d 363.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Cichos v. Indiana, 385 U.S. 76 (1966) in 385 U.S. 76 385 U.S. 77. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=DMERCWW9TWS43LH.
MLA: U.S. Supreme Court. "Syllabus." Cichos v. Indiana, 385 U.S. 76 (1966), in 385 U.S. 76, page 385 U.S. 77. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DMERCWW9TWS43LH.
Harvard: U.S. Supreme Court, 'Syllabus' in Cichos v. Indiana, 385 U.S. 76 (1966). cited in 1966, 385 U.S. 76, pp.385 U.S. 77. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=DMERCWW9TWS43LH.
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