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Criminal Procedure Keyed to Ohlin
Brown v. Ohio
Citation:
432 U.S. 161 (1977)Facts
On November 29, 1973, the petitioner, Nathaniel Brown, stole a 1965 Chevrolet from a parking lot in East Cleveland, Ohio. Nine days later, Brown was caught driving the car in Wickliffe, Ohio. The Wickliffe police charged him with joyriding taking or operating the car without the owner’s consent in violation of the Ohio statute. Brown pleaded guilty to this charge and was sentenced to 30 days in jail and a $100 fine. Upon his release, Brown was returned to East Cleveland to face further charges, and was indicted by the Cuyahoga County grand jury. The indictment was two counts, the first charging the theft of the car on 29th day of November 1973 and the second charge joyriding on the same date. Brown objected to both counts on the basis of former jeopardy.
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Topic Resources
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Double Jeopardy