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Criminal Procedure Keyed to Dressler
Brown v. Ohio
Citation:432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187.
On November 29, 1973, the defendant stole a car from a parking lot in East Cleveland, Ohio. Nine days later, on December 8, 1973, the defendant was caught driving the car in Wickliffe, Ohio. The Wickliffe police charged him with “joyriding” and the defendant pleaded guilty to this charge and was sentenced to 30 days in jail and a $100 fine.
Upon his release from jail, the defendant was returned to East Cleveland to face further charges. On February 5, he was indicted and charged with the theft of the car and joyriding, arising from the same incident. The defendant objected to both counts of the indictment on the basis of double jeopardy. The trial court overruled his objection and he was found guilty. He appealed.
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