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BROWN v. OHIO

No. 75-6933.

432 U.S. 161 (1977)

BROWN v. OHIO.

Supreme Court of United States.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Robert Plautz, by appointment of the Court, 429 U.S. 997, argued the cause for petitioner. With him on the briefs was Glenn Billington.

George J. Sadd argued the cause for respondent. With him on the briefs was John T. Corrigan.

MR. JUSTICE POWELL delivered the opinion of the Court.

The question in this case is whether the Double Jeopardy Clause of the Fifth Amendment bars prosecution and punishment for the crime of stealing an automobile following prosecution and punishment for the lesser included offense of operating the same vehicle without the owner's consent.

I

On November 29, 1973, the petitioner, Nathaniel Brown, stole a 1965 Chevrolet from a parking lot in East Cleveland...

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