A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under... Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 276por Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1922Visualização integral - Acerca deste livro
| United States - 1921 - 946 páginas
...bar to a subsequent conviction or sentence under another depends, not on whether defendant bas heon tried for the same act, but whether he has been put In jeopardy for the identical offense. Ryan v. US (CCA 1914), 21G Fed. 13. Sufficiency of facts charged In second prosecution... | |
| United States. Supreme Court - 1889 - 1068 páginas
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not, whether the defendant has already...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." (p. 434.) We... | |
| 1926 - 1640 páginas
...vehicle while intoxicated. The two offenses are entirely separate. We find this doctrine in the books. A single act may be an offense against two statutes,...and, if each statute requires proof of an additional act which the other does not, an acquittal or conviction under either statute does not exempt the defendant... | |
| 1927 - 964 páginas
...supreme court of Michigan, in dealing with the plea of once in jcopardy, sets forth the following test: "The test is not whether the defendant has already been tried for the same act, but whether fie has been put in jeopardy for the same offense. A single act may be an offense against two statutes;... | |
| Philippines. Supreme Court - 1919 - 1244 páginas
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." (See also US... | |
| Philippines. Supreme Court - 1907 - 944 páginas
...the crime of robbery. ( VS vs. Chan-CunChay, 5 Phil. Rep., 385; US rs. Flemister, 5 Phil. Rep., 050.) A single act may be an offense against two statutes,...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution or conviction under the other. (In re Neilsen,... | |
| Philippines. Supreme Court - 1914 - 796 páginas
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...been put in jeopardy for the same offense. A single United States vs. Joson. act may be an offense against two statutes; and if each statute requires proof... | |
| United States. Supreme Court - 1982 - 948 páginas
...elements of each offense, rather than on the actual evidence to be presented at trial. Thus we stated that if " 'each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger... | |
| United States. Supreme Court - 1983 - 912 páginas
...evidence to T)e presented at trial. Thus [in Brown v. Ohio, 432 US 161, 166 (1977),] we stated that if 'each statute requires proof of an additional fact which the other does not,' . . . the offenses are not the same under the Blockburger test." Id., at 416. quoting 432 US, at 166... | |
| John E. Ackermann, Eugène O'Sullivan - 2000 - 588 páginas
...Commonwealth 5I The Supreme Court of the State of Massachusetts held: A single act may be an offence against two statutes: and if each statute requires...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other. Subsequently... | |
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