The following excerpt is from U.S. v. Sikes, 15 F.3d 1094 (9th Cir. 1994):
The principle of double jeopardy bars further prosecution for an offense after an acquittal, "whether that acquittal is express or implied by a conviction on a lesser included offense when the jury was given a full opportunity to return a verdict on the greater charge." Price v. Georgia, 398 U.S. 323, 329 (1970). A jury's failure to reach a verdict on a more serious charge, at the same time it convicts on a lesser included offense, constitutes an "implicit acquittal" on the more serious charge. Green v. United States, 355 U.S. 184, 190 (1957).
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