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:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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