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CRIST V. BRETZ, 437 U. S. 28 (1978)

U.S. Supreme Court

Crist v. Bretz, 437 U.S. 28 (1978)

Crist v. Bretz

No. 76-1200

Argued November 1, 1977

Reargued March 22, 1978

Decided June 14, 1978

437 U.S. 28


The federal rule that jeopardy attaches in a jury trial when the jury is empaneled and sworn, a rule that reflects and protects the defendant's interest in retaining a chosen jury, is an integral part of the Fifth Amendment guarantee against double jeopardy made applicable to the States by the Fourteenth Amendment. Hence, a Montana statute providing that jeopardy does not attach until the first witness is sworn cannot constitutionally be applied in a jury trial. Pp. 437 U. S. 32-38.

546 F. d 1336, affirmed.

STEWART, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, BLACKMUN, and STEVENS, JJ., joined. BLACKMUN, J., filed a concurring opinion, post, p. 437 U. S. 38. BURGER, C.J., filed a dissenting opinion, post, p. 437 U. S. 39. POWELL, J., filed a dissenting opinion, in which BURGER, C.J., and REHNQUIST, J., joined, post, p. 437 U. S. 40.

Page 437 U. S. 29

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