City of Columbus v. Nappi

It cannot be successfully argued that this prosecution violates the constitutional provisions which require that no person shall be twice put in jeopardy for the same offense, since the constitutional provisions against double jeopardy apply only where the earlier prosecution resulted in the defendant being placed on trial. 15 Ohio Jurisprudence 2d 444, Section 261; 21 American Jurisprudence 2d 236, Criminal Law, Section 175. Procedural matters preliminary to trial do not constitute jeopardy. Collins v. Loisel, Marshal, 262 U. S. 426, 429, 67 L. Ed. 1062.

Nor can we agree that in this instance…