Smalis v. Pennsylvania, 476 U.S. 140 (1986). · Go Syfert
Smalis v. Pennsylvania, 476 U.S. 140 (1986). Cases Citing This Book View Copy Cite
1,192 citation events (612 in the last 25 years) across 81 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Martinez-Maldonado (4×) also: Cited as authority (rule), Cited "see, e.g."
1st Cir. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the double jeopardy clause.
discussed Cited as authority (verbatim quote) State of Texas v. Blackshere, Harvill Gene
Tex. Crim. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
a ruling that as a matter of law the state's evidence is insufficient to establish his factual guilt ... is an acquittal under the double jeopardy clause.
discussed Cited as authority (verbatim quote) State of Texas v. Blackshere, Harvill Gene
Tex. Crim. App. · 2011 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a ruling that as a matter of law the state's evidence is insufficient to establish his factual guilt is an acquittal under the double jeopardy clause.
examined Cited as authority (verbatim quote) State v. Webb (3×) also: Cited as authority (quoted)
Ariz. Ct. App. · 1996 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
subjecting the defendant to post-acquittal factfinding proceedings going to guilt or innocence violates the double jeopardy clause
examined Cited as authority (verbatim quote) Wright v. State (6×) also: Cited as authority (rule), Cited "see, e.g."
Md. · 1986 · signal: see · quote attribution · 2 verbatim quotes · confidence high
subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the double jeopardy clause
examined Cited as authority (quoted) Deedy v. Suzuki (3×)
D. Haw. · 2018 · quote attribution · 3 verbatim quotes · confidence low
the category of acquittals includes 'judgments ... by the court that the evidence is insufficient to convict
examined Cited as authority (quoted) Marcus Robinson v. Edward Thomas (3×)
4th Cir. · 2017 · signal: see · quote attribution · 3 verbatim quotes · confidence high
when a trial court enters such a judgment of acquittal, the double jeopardy clause bars an appeal by the prosecution.
examined Cited as authority (quoted) Farrell v. State (3×)
Md. · 2001 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
the status of the trial court's judgment as an acquittal is not affected by the commonwealth's allegation that the court" ... " 'erroneously interpreted ... a governing legal principle
examined Cited as authority (quoted) United States v. George Lynch and Christopher Moscinski (18×) also: Cited "see, e.g."
2d Cir. · 1998 · signal: see · quote attribution · 12 verbatim quotes · confidence high
the status of the trial court's judgment as an acquittal is not affected by the ... allegation that the court erred in deciding what degree of recklessness was ... required.
examined Cited as authority (quoted) State v. Ledbetter (3×) also: Cited "see"
Conn. · 1997 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a successful postacquittal appeal by the prosecution would lead to proceedings that violate the double jeopardy clause, the appeal itself has no proper purpose. allowing such an appeal would frustrate the interest of the accused in having an end to the proceedings against hi…
examined Cited as authority (quoted) People v. Torres (4×) also: Cited "see, e.g."
Mich. · 1996 · quote attribution · 3 verbatim quotes · confidence low
the double jeopardy clause bars an appeal by the prosecution not only when it might result in a second trial, but also if reversal would translate into further proceedings devoted to the resolution of factual issues going to the elements of the offense charged
cited Cited as authority (rule) El Pueblo v. Ponce Feliciano
prsupreme · 2026 · confidence medium
Chiesa Aponte, op. cit., pág. 584; Smalis v. Pennsylvania, 476 US 140, 145 (1986); Arizona v. Rumsey, 467 US 203, 211-212 (1984).
discussed Cited as authority (rule) Joel Quiles v. Dean Gray
D. Mass. · 2026 · confidence medium
U.S. at 467 (“[S]ubjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause.” (alteration in original) (quoting Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986))).
discussed Cited as authority (rule) Com. of PA v. C. Dougherty
Pa. Commw. Ct. · 2024 · signal: cf. · confidence medium
Cf. Smalis v. Pennsylvania, 476 U.S. 140, 144 (1986) (reversing our Supreme Court and holding that sustaining preliminary objections in the nature of a demurer constituted acquittal).
discussed Cited as authority (rule) McElrath v. Georgia (2×)
SCOTUS · 2024 · confidence medium
Smalis v. Pennsyl- vania, 476 U. S. 140, 144, n. 5 .
discussed Cited as authority (rule) McElrath v. Georgia
SCOTUS · 2024 · confidence medium
Because of this focus on substance over labels, a State’s “characterization, as a matter of double jeopardy law, of [a ruling] is not bind- ing on us.” Smalis v. Pennsylvania, 476 U. S. 140, 144, n. 5 (1986); see also Smith v. Massachusetts, 543 U. S. 462 , 468– 469 (2005).
discussed Cited as authority (rule) State of Tennessee v. Antonio Maurice Jackson (2×) also: Cited "see"
Tenn. Crim. App. · 2022 · confidence medium
An acquittal is “‘a resolution, correct or not, of some or all of the factual elements of the offense charged.’” Sanabria v. United States, 437 U.S. 54, 71 (1978) (quoting Lee v. United States, 432 U.S. 23 , 30 n.8 (1977)). “[A] judgment that the evidence is legally insufficient to sustain a guilty verdict constitutes an acquittal for purposes of the Double Jeopardy Clause.” Smalis v. Pennsylvania, 476 U.S. 140, 142 (1986).
discussed Cited as authority (rule) People v. Sanders
N.Y. App. Div. · 2022 · confidence medium
With regard to the dismissed grand larceny counts, upon which the jury had deadlocked, the court's dismissal amounted to an acquittal for double jeopardy purposes ( Smalis v Pennsylvania , 476 US 140, 142 [1986]; People v Biggs , 1 NY3d 225, 229 [2003]).
cited Cited as authority (rule) State ex rel. John Garrabrant, Prosecuting Attorney of Ozark County, Relator v. The Honorable Calvin Holden
Mo. · 2021 · confidence medium
Jones v. Prokes, WD84255, 2021 WL 1618002 , *3 (Mo. App. Apr. 27, 2021) (citing Smalis v. Pennsylvania, 476 U.S. 140, 145-46 (1986)).
discussed Cited as authority (rule) (HC) Freeman v. Becerra
E.D. Cal. · 2021 · confidence medium
(Doc. 12 21 at 28.) Petitioner cites to Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986), for the proposition that 22 “subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates 23 the Double Jeopardy Clause.” (Doc. 12 at 28.) Petitioner then asserts that “[t]his principal applies with 24 equal vigor on due process grounds to any attempt to modify a finding on a prior conviction,” (Doc. 12 25 at 28-29), however, as Respondent alleges, Petitioner fails to provide authority on this contention. 26 (Doc. 9 at 9.) Petitioner also renewed this clai…
discussed Cited as authority (rule) (HC) Freeman v. Becerra
E.D. Cal. · 2021 · confidence medium
(Doc. 12 22 at 28.) Petitioner cites to Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986), for the proposition that 23 “subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates 24 the Double Jeopardy Clause.” (Doc. 12 at 28.) Petitioner then asserts that “[t]his principal applies with 25 equal vigor on due process grounds to any attempt to modify a finding on a prior conviction,” (Doc. 12 26 at 28-29), however, as Respondent alleges, Petitioner fails to provide authority on this contention. 27 (Doc. 9 at 9.) Petitioner also renewed this clai…
cited Cited as authority (rule) Pheasant v. Antonelli
D.S.C. · 2020 · confidence medium
Known As 2121 E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996) (quoting Thomas v. Arn, 476 U.S. 140, 147 (1985)).
discussed Cited as authority (rule) Utsey v. Warden of Kirkland Correctional Institution
D.S.C. · 2020 · confidence medium
Known As 2121 E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996) (quoting Thomas v. Arn, 476 U.S. 140, 147 (1985)). adjudicated on the merits, the instant Petition is “successive” for purposes of 28 U.S.C. § 2244 (b).
discussed Cited as authority (rule) Com. v. Wilson, E. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2020 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986); see also Commonwealth v. Feathers, 660 A.2d 90, 92 (Pa. Super. 1995) (en banc) (“No matter how erroneous, a verdict of acquittal cannot be reviewed without putting a defendant twice in jeopardy.”).
discussed Cited as authority (rule) Com. v. Wilson, E. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2020 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986); see also Commonwealth v. Feathers, 660 A.2d 90, 92 (Pa. Super. 1995) (en banc) (“No matter how erroneous, a verdict of acquittal cannot be reviewed without putting a defendant twice in jeopardy.”).
cited Cited as authority (rule) State v. Steward
Ohio Ct. App. · 2019 · confidence medium
Id. at 473 , citing Smalis v. Pennsylvania, 476 U.S. 140, 144 (1986). {¶ 43} Smith is distinguishable from this case.
discussed Cited as authority (rule) State v. Golsby
Ohio Ct. App. · 2019 · confidence medium
"When a successful postacquittal appeal by the prosecution would lead to proceedings that violate the Double Jeopardy Clause, the appeal itself has no proper purpose." Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986).
discussed Cited as authority (rule) State v. Martin
Ark. · 2017 · signal: cf. · confidence medium
As summarized by the Supreme Court, [A]n acquittal precludes retrial even if it is premised upon an erroneous decision to exclude evidence, Sanabria v. United States, 437 U.S. 54, 68-69, 78 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); a mistaken understanding of what evidence would suffice to sustain a conviction, Smith [v. Massachusetts], 543 U.S. [462, 473], 125 S.Ct. 1129 , 160 L.Ed.2d 914 [2005]; or a “misconstruction of the statute” defining the requirements to convict, [Arizona v.] Rumsey, 467 U.S. [203, 211], 104 S.Ct. 2305 , | 881 L.Ed.2d 164 [(1984)]; cf. Smalis v. Pennsylvania, 476 U.…
cited Cited as authority (rule) People v. Beller
Colo. Ct. App. · 2016 · confidence medium
True, “subjecting [a] defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause.” Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986).
cited Cited as authority (rule) Holcomb, Donna Gayle
Tex. · 2015 · confidence medium
Smith v. Massachusetts, 543 U.S. 462, 467 , 125 S. Ct. 1129, 1134 (2005) (quoting Smalis v. Pennsylvania, 4, 16 U.S. 140 , 145, 106 S. Ct. 1745, 1749 (1986)). 12.
examined Cited as authority (rule) Holcomb, Donna Gayle (4×)
Tex. App. · 2015 · confidence medium
App. 1985) 10,11 Smalis V.Pennsylvania, 476 U.S. 140,145-145 (1986) 16 Smith v. Massachusetts, 543 U.S. 462, 468 , 125 S.Ct. 1129 , 160 L.Ed.2d 914 (2005).... 15 Stockman v. State, 826 S.W.2d 627 (Tex. App. - Dallas 1992, pet. ref d) 4,6 UnitedStates v. Martin Linen Supply Co., 430 U.S. 564, 571 , 97 S.Ct. 1349 , 51 L.Ed.2d 642 (1977) 15 IV STATEMENT REGARDING ORAL ARGUMENT Petitioner believes that oral argument will be helpful.
discussed Cited as authority (rule) State v. Davenport
La. · 2014 · signal: cf. · confidence medium
And an acquittal precludes retrial even if it is premised upon an erroneous decision to exclude evidence, Sanabria v. United States, 437 U.S. 54, 68-69, 78 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); a mistaken understanding of what evidence would suffice to sustain a conviction, Smith, 543 U.S., at 473 , 125 S.Ct. 1129 ; or a “misconception of the statute” defining the requirements to convict, [Arizona v.] Rumsey, 467 U.S., at 203, 211, 104 S.Ct. 2305 [, 81 L.Ed.2d 164 (1984) ]; cf. Smalis v. Pennsylvania, 476 U.S. 140, 144-145, n. 7 , 106 S.Ct. 1745 , 90 L.Ed.2d 116 (1986).
examined Cited as authority (rule) State v. Darren Carmouche (6×) also: Cited "see, e.g."
Idaho Ct. App. · 2013 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 144-46 , 106 S.Ct. 1745, 1748-49 , 90 L.Ed.2d 116, 121-22 (1986); State v. Lewis, 96 Idaho 743, 750 , 536 P.2d 738, 745 (1975).
discussed Cited as authority (rule) State of Tennessee v. Larry Jereller Alston
Tenn. Crim. App. · 2013 · confidence medium
See Smith v. Massachusetts, 543 U.S. 462, 467 (2005); Schiro v. Farley, 510 U.S. 222, 230 (1994); Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986); Richardson v. United States, 468 U.S. 317, 325 (1984); United States v. DiFrancesco, 449 U.S. 117, 132 (1980); Sanabria v. United States, 437 U.S. 54, 64 (1978); Martin Linen Supply Co., 430 U.S. at 573 ; United States v. Sisson, 399 U.S. 267, 290 (1970); Fong Foo, 369 U.S. at 143 .
examined Cited as authority (rule) Evans v. Michigan (3×) also: Cited "see"
SCOTUS · 2013 · signal: cf. · confidence medium
And an acquittal precludes retrial even if it is premised upon an erroneous decision to exclude evidence, Sanabria v. United States, 437 U. S. 54, 68-69, 78 (1978); a mistaken understanding of what evidence would suffice to sustain a conviction, Smith, 543 U. S., at 473 ; or a “misconstruction of the statute” defining the requirements to convict, Rumsey, 467 U. S., at 203, 211 ; cf. Smalis v. Pennsylvania, 476 U. S. 140, 144-145, n. 7 (1986).
examined Cited as authority (rule) Wanke, Industrial, Commercial, Residential, Inc. v. Keck (4×) also: Cited "see"
Cal. Ct. App. · 2012 · confidence medium
The Court held that the Double Jeopardy Clause barred a second sentencing hearing.” (Smalis v. Pennsylvania (1986) 476 U.S. 140, 145, fn. 8 [ 90 L.Ed.2d 116 , 106 S.Ct. 1745 ] (Smalis).) The Rumsey court explained: “Reliance on an error of law, however, does not change the double jeopardy effects of a judgment that amounts to an acquittal on the merits. ‘[The] fact that “the acquittal may result from . . . erroneous interpretations of governing legal principles” . . . affects the accuracy of that determination, but it does not alter its essential character.’ ” (Rumsey, supra, 467…
cited Cited as authority (rule) Pueblo v. Ayala García
prsupreme · 2012 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986).
discussed Cited as authority (rule) Blueford v. Arkansas (2×)
SCOTUS · 2012 · confidence medium
Jeopardy terminates upon a determination, however characterized, that the “evidence is insufficient” to prove a defendant’s “factual guilt.” Smalis v. Pennsylvania, 476 U. S. 140, 144 (1986).
examined Cited as authority (rule) People v. Evans (10×) also: Cited "see", Cited "see, e.g."
Mich. · 2012 · confidence medium
The aggravating factor at issue was whether a murder occurred “‘as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value.’”26 As Szalma explained, the trial court had “erroneously ruled that this aggravating circumstance only involved murders for hire, rather than any murder occurring during the course of a robbery, as the Arizona Supreme Court had interpreted the statute.”27 The United States Supreme Court concluded “that the trial court’s decision operated as a verdict on whether defendant was eligible for the death penalty, and that …
examined Cited as authority (rule) State v. Howard (4×)
Idaho · 2011 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 144-46 , 106 S.Ct. 1745, 1748-49 , 90 L.Ed.2d 116, 121-22 (1986); State v. Lewis, 96 Idaho 743, 750 , 536 P.2d 738, 745 (1975).
cited Cited as authority (rule) Christopher Lee Duncan v. State of Michigan
Mich. · 2010 · confidence medium
Unlike Smalis v Pennsylvania, 476 US 140, 144, n 7 (1986), the trial court's error of law in this case did not involve an actual element of the crime.
discussed Cited as authority (rule) State Of Iowa Vs. David John Halstead
Iowa · 2010 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 145-46 , 106 S.Ct. 1745, 1749 , 90 L.Ed.2d 116, 122 (1986) (quoting United States v. Martin Linen Supply Co., 430 U.S. 564, 570 , 97 S.Ct. 1349, 1354 , 51 L.Ed.2d 642, 650 (1977)).
examined Cited as authority (rule) State v. Jim Howard, III (3×) also: Cited "see, e.g."
Idaho Ct. App. · 2010 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 144-46 (1986); United States v. Scott, 437 U.S. 82, 97 (1978); State v. Lewis, 96 Idaho 743, 750 , 536 P.2d 738, 745 (1975).
discussed Cited as authority (rule) State of Arizona v. Danny Louis Musgrove
Ariz. Ct. App. · 2009 · confidence medium
Regardless of the manner, “subjecting the defendant to post-acquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause.” Id. at 423 , 885 P.2d at 111 , quoting Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986). ¶13 Here, the trial court clearly granted Musgrove’s motion for a judgment of acquittal; the reporter’s transcript and the court’s minute entry both reflect this ruling.
discussed Cited as authority (rule) Walker v. Commonwealth
Ky. · 2009 · confidence medium
That, according to Smith, was not good enough: “any contention that the Double Jeopardy Clause must itself (absent a provision by the State) leave open a way of correcting errors is at odds with the well-established rule that the bar will attach to a preverdict acquittal that is patently wrong in law.” Id. (citing Smalis, 476 U.S. at 144, 106 S.Ct. 1745 ; Sanabria v. United States, 437 U.S. 54, 68-69 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); Martin Linen, 430 U.S. at 571 , 97 S.Ct. 1349 ; Fong Foo v. United States, 369 U.S. 141, 143 , 82 S.Ct. 671 , 7 L.Ed.2d 629 (1962)).
cited Cited as authority (rule) State v. Fowler
N.C. Ct. App. · 2009 · confidence medium
App. at 720 , 660 S.E.2d at 548 (quoting Smalis v. Pennsylvania, 476 U.S. 140, 142 , 90 L.
discussed Cited as authority (rule) State v. Abraham Chavez Guerrero (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Smalis v. Pennsylvania , 476 U.S. 140, 145 (1986).
discussed Cited as authority (rule) State v. Abraham Chavez Guerrero (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Smalis v. Pennsylvania, 476 U.S. 140, 145 (1986).
cited Cited as authority (rule) Haynes, Larry Glenn
Tex. Crim. App. · 2008 · confidence medium
Smalis v. Pennsylvania , 476 U.S. 140, 145 (1986)(emphasis added). 12.
discussed Cited as authority (rule) State v. Morgan
N.C. Ct. App. · 2008 · confidence medium
The United States Supreme Court has spoken directly to this issue, holding that “a judgment that the evidence is legally insufficient to sustain a guilty verdict constitutes an acquittal for purposes of the Double Jeopardy Clause.” Smalis v. Pennsylvania, 476 U.S. 140, 142 , 90 L.
Retrieving the full opinion text from the archive…
SMALIS Et Al.
v.
PENNSYLVANIA
85-227.
Supreme Court of the United States.
May 5, 1986.
476 U.S. 140
Norma Chase argued the cause for petitioners. With her on the briefs was Thomas A. Livingston., Robert L. Eberhardt argued the cause and filed a brief for respondent., Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging affirmance. With him on the brief was Solicitor General Fried, Assistant Attorney General Trott, and Alan I. Horowitz.*
White.
Cited by 324 opinions  |  Published
9 passages pin-cited by 7 cases
Pinpoint authority: #12,034 of 633,719
Citer courts: Second Circuit (12) · Fourth Circuit (3) · D. Hawaii (3) · Court of Appeals of Maryland (3) · Michigan Supreme Court (3) · Court of Appeals of Arizona (2) · Supreme Court of Connecticut (1)
[*141] Justice White

delivered the opinion of the Court.

At the close of the prosecution’s case in chief, the trial court dismissed certain charges against petitioners on the ground that the evidence presented was legally insufficient to support a conviction. The question presented is whether the Double Jeopardy Clause bars the prosecution from appealing this ruling.

I

Petitioners, husband and wife, owned a building housing a restaurant and some apartments that burned under suspicious circumstances, killing two of the tenants. Petitioners were charged with various crimes in connection with this fire, including criminal homicide, reckless endangerment, and causing a catastrophe. [1] They opted for a bench trial, and at the close of the prosecution’s case in chief challenged the sufficiency of the evidence by filing a demurrer pursuant to Pennsylvania Rule of Criminal Procedure 1124(a)(1). [2] The trial court sustained petitioners’ demurrer to charges of murder, voluntary manslaughter, and causing a catastrophe, stating:

“As the trier of fact and law, the court was not satisfied, after considering all of the facts together with all reason[*142] able inferences which the Commonwealth’s evidence tended to prove, that there was sufficient evidence from which it could be concluded that either of the defendants was guilty beyond a reasonable doubt of setting or causing to be set the fire in question.” App. to Pet. for Cert. 101a-102a.

The Commonwealth sought review of this ruling in the Superior Court of Pennsylvania, but a panel of that court quashed the appeal, holding it barred by the Double Jeopardy Clause. The Superior Court granted review en banc and affirmed. 331 Pa. Super. 307, 480 A. 2d 1046 (1984). Citing a number of our decisions as controlling authority, the court set out two relevant principles of law. First, a judgment that the evidence is legally insufficient to sustain a guilty verdict constitutes an acquittal for purposes of the Double Jeopardy Clause. See, e. g., United States v. Martin Linen Supply Co., 430 U. S. 564 (1977); Burks v. United States, 437 U. S. 1 (1978); Sanabria v. United States, 437 U. S. 54 (1978); United States v. Scott, 437 U. S. 82, 91 (1978) (dicta); Hudson v. Louisiana, 450 U. S. 40 (1981). Second, when a trial court enters such a judgment, the Double Jeopardy Clause bars an appeal by the prosecution not only when it might result in a second trial, but also if reversal would translate into further proceedings devoted to the resolution of factual issues going to the elements of the offense charged. The Superior Court concluded that because reversal of the trial court’s granting of petitioners’ demurrer would necessitate further trial proceedings, the Commonwealth’s appeal was improper under Martin Linen.

The Commonwealth appealed to the Supreme Court of Pennsylvania, which reversed. Commonwealth v. Zoller, 507 Pa. 344, 490 A. 2d 394 (1985). [3] The court relied heavily on the statement in United States v. Scott, supra, that a trial[*143] judge’s ruling in a defendant’s favor constitutes an acquittal “only when ‘the ruling of the judge, whatever its label, actually represents a resolution [in the defendant’s favor], correct or not, of some or all of the factual elements of the offense charged.’” Id., at 97 (quoting Martin Linen, supra, at 571). The court gave the following explanation of why the trial court’s ruling on petitioners’ demurrer is not within this definition of an acquittal:

“In deciding whether to grant a demurrer, the court does not determine whether or not the defendant is guilty on such evidence, but determines whether the evidence, if credited by the jury, is legally sufficient to warrant the conclusion that the defendant is guilty beyond a reasonable doubt. . . .
“Hence, by definition, a demurrer is not a factual determination. . . . [T]he question before the trial judge in ruling on a demurrer remains purely one of law.
“We conclude, therefore, that a demurrer is not the functional equivalent of an acquittal, and that the Commonwealth has the right to appeal from an order sustaining defendant’s demurrer to its case-in-chief. In such a situation, the defendant himself elects to seek dismissal on grounds unrelated to his factual guilt or innocence.” Commonwealth v. Zoller, supra, at 357-358, 490 A. 2d, at 401.

Accordingly, the Pennsylvania Supreme Court remanded the case to the Superior Court for a determination on the merits of the appeal. We granted certiorari, 474 U. S. 944 (1985), and now reverse. [4]

[*144] II

The Pennsylvania Supreme Court erred in holding that, for purposes of considering a plea of double jeopardy, a defendant who demurs at the close of the prosecution’s case in chief “elects to seek dismissal on grounds unrelated to his factual guilt or innocence.” Commonwealth v. Zoller, supra, at 358, 490 A. 2d, at 401. What the demurring defendant seeks is a ruling that as a matter of law the State’s evidence is insufficient to establish his factual guilt. [5] Our past decisions, which we are not inclined to reconsider at this time, hold that such a ruling is an acquittal under the Double Jeopardy Clause. See, e. g., United States v. Martin Linen Supply Co., supra; Sanabria v. United States, supra. 6 United States v. Scott does not overturn these precedents; indeed, it plainly indicates that the category of acquittals includes “judgments] ... by the court that the evidence is insufficient to convict.” 437 U.S., at 91. [7]

[*145] The Commonwealth argues that its appeal is nonetheless permissible under Justices of Boston Municipal Court v. Lydon, 466 U. S. 294 (1984), because resumption of petitioners’ bench trial following a reversal on appeal would simply constitute “continuing jeopardy.” Brief for Respondent 87-88. But Lydon teaches that “[ajcquittals, unlike convictions, terminate the initial jeopardy.” 466 U. S., at 308. Thus, whether the trial is to a jury or to the bench, subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause. Arizona v. Rumsey, 467 U. S. 203, 211-212 (1984). [8]

When a successful postacquittal appeal by the prosecution would lead to proceedings that violate the Double Jeopardy Clause, the appeal itself has no proper purpose. Allowing such an appeal would frustrate the interest of the accused in having an end to the proceedings against him. The Superior Court was correct, therefore, in holding that the Double Jeopardy Clause bars a postacquittal appeal by the prosecu[*146] tion not only when it might result in a second trial, but also if reversal would translate into “ ‘further proceedings of some sort, devoted to the resolution of factual issues going to the elements of the offense charged.’ ” Martin Linen, 430 U. S., at 570. [9]

We hold, therefore, that the trial judge’s granting of petitioners’ demurrer was an acquittal under the Double Jeopardy Clause, and that the Commonwealth’s appeal was barred because reversal would have led to further trial proceedings.

The judgment of the Pennsylvania Supreme Court is

Reversed.

1

Various misdemeanor charges were also filed against petitioners, as well as charges relating to a previous fire in another building that they owned. These other charges are not relevant to this petition.

2

Pennsylvania Rule of Criminal Procedure 1124, 42 Pa. Cons. Stat. (1985 Pamphlet), provides in relevant part:

“Challenges to Sufficiency of Evidence
“(a) A defendant may challenge the sufficiency of the evidence to sustain a conviction of one or more of the offenses charged by a:
“(1) demurrer to the evidence presented by the Commonwealth at the close of the Commonwealth’s case-in-ehief;
“(b) A demurrer to the evidence shall not constitute an admission of any facts or inferences except for the purpose of deciding the demurrer. If the demurrer is not sustained, the defendant may present evidence and the ease shall proceed.”
3

Before the Pennsylvania Supreme Court, petitioners’ ease was consolidated with another ease presenting the same double jeopardy issue, Commonwealth v. Zoller, 318 Pa. Super. 402, 465 A. 2d 16 (1983).

4

For purposes of our jurisdiction, the judgment of the Pennsylvania Supreme Court was final and subject to review at this time under 28 U. S. C. § 1257(3). Harris v. Washington, 404 U. S. 55 (1971). As explained in Abney v. United States, 431 U. S. 651 (1977):

“[T]he guarantee against double jeopardy assures an individual that, among other things, he will not be forced, with certain exceptions, to endure the personal strain, public embarrassment, and expense of a criminal[*144] trial more than once for the same offense. . . . Obviously, these aspects of the guarantee’s protections would be lost if the accused were forced to ‘run the gauntlet’ a second time before an appeal could be taken; even if the accused is acquitted, or, if convicted, has his conviction ultimately reversed on double jeopardy grounds, he has still been forced to endure a trial that the Double Jeopardy Clause was designed to prohibit.” Id., at 661-662 (footnote omitted).
5

We of course accept the Pennsylvania Supreme Court’s definition of what the trial judge must consider in ruling on a defendant’s demurrer. But just as “the trial judge’s characterization of his own action cannot control the classification of the action [under the Double Jeopardy Clause],” United States v. Scott, 437 U. S. 82, 96 (1978) (citation omitted), so too the Pennsylvania Supreme Court’s characterization, as a matter of double jeopardy law, of an order granting a demurrer is not binding on us.

6

See also Burks v. United States, 437 U. S. 1 (1978), where a Court of Appeals’ reversal of the defendant’s conviction on the ground that the evidence was insufficient to sustain the jury verdict “unquestionably. . . ‘represente[d] a resolution, correct or not, of some or all of the factual elements of the offense charged.’” Id. at 10 (quoting Martin Linen, 430 U. S., at 571).

7

The status of the trial court’s judgment as an acquittal is not affected by the Commonwealth’s allegation that the court “erred in deciding what[*145] degree of recklessness was . . . required to be shown under Pennsylvania’s definition of [third-degree] murder.” Tr. of Oral Arg. 24. “[T]he fact that ‘the acquittal may result from erroneous evidentiary rulings or erroneous interpretations of governing legal principles’. . . affects the accuracy of that determination but it does not alter its essential character.” United States v. Scott, 437 U. S., at 98 (quoting id., at 106 (Brennan, J., dissenting)). Accord, Sanabria v. United States, 437 U. S. 54 (1978); Arizona v. Rumsey, 467 U. S. 203 (1984).

8

In Rumsey, a trial judge sitting as a sentencer in a death-penalty proceeding entered an “acquittal,” i. e., a life sentence, based on an erroneous construction of the law governing a particular aggravating circumstance. The Court held that the Double Jeopardy Clause barred a second sentencing hearing. It distinguished United States v. Wilson, 420 U. S. 332 (1975), which holds that the prosecution may appeal when the trial court enters judgment n.o.v. following a jury verdict of guilty. Rumsey explains that “[n]o double jeopardy problem was presented in Wilson because the appellate court, upon reviewing asserted legal errors of the trial judge, could simply order the jury’s guilty verdict reinstated; no new factfinding would be necessary, and the defendant therefore would not be twice placed in jeopardy.” 467 U. S., at 211-212.

9

The fact that the “further proceedings” standard which the Superior Court quoted from Martin Linen was first articulated in United States v. Jenkins, 420 U. S. 358, 370 (1975), does not detract from its authority. United States v. Scott, supra, overrules Jenkins only insofar as Jenkins bars an appeal by the government when a defendant successfully moves for dismissal on a ground “unrelated to factual guilt or innocence. ...” Scott, supra, at 99. The issue before us in Scott was what constitutes an acquittal under the Double Jeopardy Clause; the question of the circumstances under which an acquittal is appealable was not presented.