Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy?

California, United States of America


The following excerpt is from People v. Carpenter, 21 Cal.4th 1016, 90 Cal.Rptr.2d 607, 988 P.2d 531 (Cal. 1999):

5. Defendant does not specifically argue the separate prosecutions violated the prohibition against double jeopardy. That argument would also lack merit. "`[T]he murder of two persons, even by the same act, constitutes two offenses, for each of which a separate prosecution will lie, and ... a conviction or acquittal in one case does not bar a prosecution in the other.'" (People v. McLain, supra, 46 Cal.3d at pp. 120-121, 249 Cal.Rptr. 630, 757 P.2d 569, quoting People v. Majors (1884) 65 Cal. 138, 146-147, 3 P. 597.)

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