Abbate v. United States

Mr. Justice Black, with whom The Chief Justice and Mr. Justice Douglas concur,

dissenting.

Petitioners, Abbate and Falcone, were convicted in an Illinois State Court of conspiracy to • blow up certain property located in Mississippi and adjoining States. After receiving prison sentences in Illinois they were indicted and convicted of the same conspiracy in the Federal District Court of Mississippi and again sentenced to prison. The Court now affirms their second sentences over the contention that the federal conviction violates the double jeopardy provision of the Fifth Amendment.

*202In support of…