Double Jeopardy Where Both City and State Prosecute the Same Act

Houger, L. William

Journal: Washington Law Review

Volume: 38

First Page: 819

Year: 1963

Bluebook Citation: 38 WASH. L. REV. 819 (1963)

Author: L. William Houger: all 4 publications


Abstract

This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.

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