United States v. Perez

United States v. Josef Perez
Decided March 17, 1824
Full case nameThe United States v. Josef Perez
Citations22 U.S. 579 (more)
9 Wheat. 579; 6 L. Ed. 165
Case history
PriorUnited States v. Perez, 27 F. Cas. 504 (C.C.S.D.N.Y. 1823) (No. 16,033)
Holding
Double jeopardy does not prevent a defendant from being retried after a hung jury.
Court membership
Chief Justice
John Marshall
Associate Justices
Bushrod Washington · William Johnson
Thomas Todd · Gabriel Duvall
Joseph Story · Smith Thompson
Case opinion
MajorityStory, joined by unanimous
Laws applied
Double Jeopardy Clause of the Fifth Amendment to the United States Constitution

United States v. Josef Perez, 22 U.S. (9 Wheat) 579 (1824), is a case of the Supreme Court of the United States. The decision held that when a criminal trial results in a hung jury, the Double Jeopardy Clause of the Fifth Amendment does not prevent the defendant from being retried.