Court as violative of the guarantee against double jeopardy, but in none of these has the plea been sustained.  These cases are all referred to in the majority opinion.


54
The leading authority on the subject is Palko v. State of Connecticut, 302 U.S. 319, 58 S.Ct. 149, 82 L.Ed. 283 (1937).  Palko presented a much stronger factual case for a determination contrary to the one reached by the Court than is presented here.  Palko had been convicted of the crime of murder in the second degree on an indictment charging murder in the first degree.  A sentence of life imprisonment was imposed.  After reversal Palko was retried and convicted of murder in the first degree and sentenced to death.  The clear refusal byread:
'The Grand Jury of the County of Monroe by this Indictment accuse the Defendant, George Hetenyi, of the crime of Murder in the First Degree, in violation of 1044, Subdivision 1 of the Penal Law of New York, McKinney's Consol.Laws, c. 40, committed as follows:
'The Defendant, on or about April 22, 1949, in the County of Monroe, State of New York, willfully, feloniously, and from a deliberate and premeditated design to effect the death of Jean Gareis Hetenyi, killed the said Jean Gareis Hetenyi by shooting her twice in the body with a firearm, thereby inflicting injuries which resulted in and caused her death.'


2
 N.Y.Penal Law 1044.  'Murder in first degree defined
'The killing of a human being, unless it is excusable or justifiable, is murder in the