Criminal Law Commons^™

Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act

Michigan Law Review

Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.