identity of offenses

identity of offenses
A matter of prior jeopardy, the common law rule and the constitutional provisions against second jeopardy applying only to a second prosecution for the same act and crime, both in law and in fact, on which the first prosecution was based; the test being whether the two offenses are essentially independent and distinct or notwhether one offense can be committed without necessarily committing the other. State v Westbrook, 79 Ariz 116, 285 P2d 161. Another test being whether the same evidence is required to prove the offenses. 21 Am J2d Crim L § 182. As the term "same offense" is used in the constitutional provision that no person shall be twice put in jeopardy for the same offense, or another offense of which the first is a necessary element and consti- tutes an essential part. People v Stephens, 79 Cal 428, 21 P 856. If a man simultaneously commits two offenses, either of which may be committed without the other and is then prosecuted for each of the offenses, even if the two prosecutions are based on the same acts, he is not twice put in jeopardy for the same offense; a fortiori, if the two prosecutions are based on different acts though committed simultaneously. Berry v United States, 72 App DC 229, 113 F2d 183. A matter of res judicata. The plea of res judicata may be available in cases where there is no such identity of offenses in the two prosecutions that a plea of former jeopardy could be sustained. Anno: 147 ALR 992.

Ballentine's law dictionary. . 1998.

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