BROWN V. OHIO 432 U.S. 161 (1977) CASE BRIEF

BROWN V. OHIO
432 U.S. 161 (1977)
NATURE OF THE CASE: This was a dispute over the effect of conviction on a lessor-included offense.
FACTS: Brown (D) stole a '65 Chevy from a parking lot. Nine days later D was caught driving the car in Ohio. The police charged him with joyriding. D pled guilty and was sentenced to 30 days and $100. Upon his release, D was returned to another city to face further charges. D was indicted by the grand jury for joyriding again and for theft of the car. D objected to the more serious felony charge and the joyriding charge. The joyriding charge was dropped. The Court overruled the double jeopardy claims. D was then found guilty and sentenced to six months and probation for one year. The court of appeals affirmed; the two crimes were based on separate acts; one the theft on November 29th and the other the joy riding on December 8th.

ISSUE:


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HOLDING AND DECISION:


LEGAL ANALYSIS:





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