Heath v. Alabama case brief summary
a. Facts:
P hired two men to murder his wife. P went to AL to give two men what
they needed. Two men kidnapped and killed the wife in GA. GA returned a
grand jury indictment for MALICE MURDER. P took deal of life in prison
with chance of parole in 7 yrs, plead guilty. P was indicted in AL
rejecting double jeopardy clause and found guilty of MURDER DURING
KIDNAPPING and sentenced to death.
b. Issue: Whether the doctrine of dual sovereignty to successive dual prosecutions by two states is applicable?
c. Ct. Holding
i. Committing a crime in two separate states = two separate offenses
ii. Successive
prosecution by two states under dual sovereignty doctrine not barred by
double jeopardy because each state has its own inherent sovereignty and
has the power to enforce and create own criminal code
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