People v. Gray

Here the sole issue is whether the constitutional guarantees against double jeopardy prohibit criminal prosecution for aggravated battery and attempted murder after a finding and punishment for indirect criminal contempt of court based upon the same conduct.

Defendant, Robert Gray, struck his wife with a gun and then shot her. This violated a protective order in a divorce proceeding enjoining Gray from striking or molesting his wife.

The trial judge in the divorce case conducted a hearing on the wife’s emergency petition that Gray be held in contempt of court for assaulting and shooting her.…