What is the "same offense" test for purposes of double jeopardy?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mallah, 503 F.2d 971 (2nd Cir. 1974):
The traditional 'same offense' test focuses on the evidence adduced. Offenses are the 'same' for the purposes of the double jeopardy guarantee when 'the evidence required to support a conviction upon one of them (the indictments) would have been sufficient to warrant a conviction upon the other.' United States v. Kramer, 289 F.2d 909, 913 (2d Cir. 1961). 7
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