Gianiny v. State

THEODORE G. BLOOM, Judge, Specially Assigned.

The Double Jeopardy Clause of the Fifth Amendment, “... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb,” is enforceable against the states through the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 794, 89 S.Ct. 2056, 2063, 23 L.Ed.2d 707, 715, on remand, 8 Md.App. 388, 260 A.2d 86 (1969). The sole question presented by this case is whether that clause, or Maryland common law double jeopardy principles, or both, bar a prosecution for automobile manslaughter, 1 after the defendant has paid a…