In what circumstances will a judge be found to have made a mistake in charging an individual with the same criminal offence on a separate charge?
California, United States of America
The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):
14 By contrast, in People v. McDonald (1984) 37 Cal.3d 351, 378, 208 Cal.Rptr. 236, 690 P.2d 709, the error was found to be prejudicial where the underlying crime could not have been separately charged without violating double jeopardy protections.
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