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ABBATE V. UNITED STATES, 359 U. S. 187 (1959)

U.S. Supreme Court

Abbate v. United States, 359 U.S. 187 (1959)

Abbate v. United States

No. 7

Argued October 22, 1958

Decided March 30, 1959

359 U.S. 187


Indicted in an Illinois State Court for violating an Illinois statute making it a crime to conspire to injure or destroy the property of another, petitioners pleaded guilty, and each was sentenced to three months' imprisonment. Thereafter, because of the same conspiracy, they were indicted, tried and convicted in a Federal District Court for violating 18 U.S. C. § 371 by conspiring to violate 18 U.S. C. § 1362, which forbids the injury or destruction of communications facilities "operated or controlled by the United States."

Held: their federal prosecution was not barred under the Double Jeopardy Clause of the Fifth Amendment by their earlier conviction in the State Court. United States v. Lanza, 260 U. S. 377. Pp. 187-196.

247 F.2d 410 affirmed.

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