Moon v. Maryland/Dissent Douglas

Mr. Justice DOUGLAS, dissenting.

Petitioner was first convicted of armed robbery in 1964 and received a 12-year sentence. On appeal the judgment was reversed. He was tried again in 1966 for armed robbery, again convicted, and this time received a sentence of 20 years. Under Md.Ann.Code, Art. 27, § 488 (1967 Repl. Vol.), the maximum punishment possible was 20 years. As I stated in my separate opinion in North Carolina v. Pearce, 395 U.S. 711, 726, 727, 89 S.Ct. 2089: 'He (the defendant) risks the maximum permissible punishment when first tried. That risk having been faced once need not be faced again.' That is the respect I think is due the constitutional guarantee against double jeopardy.

I would reverse the judgment below.