D was convicted of murder in the second degree. On appeal, the conviction was reversed, and the case was remanded for a new trial. The second trial produced a murder conviction in the first degree to which a death sentence was attached. D asserted that the Fifth Amendment's Double Jeopardy Clause was incorporated by the Due Process Clause of the Fourteenth Amendment and applicable to the states. The Appeals Court upheld the conviction. The U.S. Supreme Court affirmed.