concurring.
I concur in the opinion of the Court except insofar as it states that the constitutional prohibition against double jeopardy is fully applicable to state criminal proceedings. See Crist v. Bretz, post, p. 40 (Powell, J., dissenting). I believe, however, that under our decision today in Burks v. United States, ante, p. 1, a fundamental component of the prohibition against double jeopardy is the right not to be retried once an appellate court has found the evidence insufficient as a matter of law to support the jury’s guilty verdict.