United States Supreme Court
417 U.S. 21 (1974)
Perry (defendant) was in prison when he got into a fight with another inmate. Perry was charged with the misdemeanor of assault with a deadly weapon. He was convicted in the district court. Under North Carolina law, a defendant convicted in the district court has a right to a trial de novo in the superior court. Perry therefore filed notice of appeal to the superior court. However, the prosecutor then obtained an indictment charging Perry with felony assault with a deadly weapon with intent to kill or cause serious injury. Perry entered a plea of guilty. Perry argued that his felony indictment was a penalty for exercising his right to a trial de novo and violated the Due Process Clause of the Fourteenth Amendment.
Rule of Law
Holding and Reasoning (Stewart, J.)
Dissent (Rehnquist, J.)
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