In 1946, the electric chair failed to kill Willie Francis, who reportedly shrieked, "Take it off! Let me breathe!", after the current was applied. It turned out that the portable electric chair had been improperly set up by an intoxicated prison guard and inmate. A case was brought before the U.S. Supreme Court "(Louisiana ex rel. Francis v. Resweber)", with lawyers for the condemned arguing that although Francis did not die, he had, in fact, been executed. The argument was rejected on the basis that re-execution did not violate the double jeopardy clause of the 5th Amendment of the United States Constitution, and Francis was returned to the electric chair and successfully executed in 1947.