State v. Reiland

Rogosheske, Justice.

The question raised in this prohibition proceeding is whether, under the facts shown, the so-called double-punishment statute of our Criminal Code of 1963, Minn. St. 609.035, recently considered in State v. Johnson, 273 Minn. 394, 141 N. W. (2d) 517, bars a prosecution of a pending charge of criminal negligence (a felony) after defendant was convicted, sentenced, and served time in jail for the offense of driving after revocation of his driver’s license (a misdemeanor).

The few facts which are revealed by the record and defendant’s brief appear undisputed. On August 21,…