Marshall v. Commonwealth

I would reverse and dismiss the conviction on the ground that the prosecution of Marshall under the second indictment placed him twice in jeopardy for the same offense in violation of the Constitutions of the United States and Virginia. U.S. Const., amend V; Va. Const., art. I, § 6. The former jeopardy provisions of both constitutions forbid trying an individual for an offense identical to one for which he has already been convicted. See Johnson v. Commonwealth, 221 Va. 736, 740, 273 S.E.2d 784, 787, cert. denied, 454 U.S. 920 (1981); see also Brown v. Ohio, 432 U.S. 161, 165 (1977). For the…