State v. Morlock

The questions involved herein relate to the constitutional prohibition against double jeopardy contained in both the state (Const, art. 1, § 9) and the federal (Fifth Amendment) constitutions, and the collateral estoppel rule.

Appellant threw a lighted firecracker from his vehicle on Interstate 5 in Cowlitz County on July 3, 1974. He was stopped by a state patrolman who asked all persons in the vehicle to get out. Appellant, upon leaving the vehicle threw some objects onto the shoulder of the highway, which objects were recovered by the officer. It was found the objects were a small bag of…