Abbate v. United States
| Abbate v. United States | |
|---|---|
| Argued October 22, 1958 Decided March 30, 1959 | |
| Full case name | Abbate v. United States |
| Citations | 359 U.S. 187 (more) 79 S. Ct. 666; 3 L. Ed. 2d 729; 1959 U.S. LEXIS 1264 |
| Case history | |
| Prior | 247 F.2d 410 (5th Cir. 1957); cert. granted, 355 U.S. 902 (1957). |
| Holding | |
| The double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Frankfurter, Clark, Harlan, Whittaker, Stewart |
| Concurrence | Brennan |
| Dissent | Black, joined by Warren, Douglas |
| Laws applied | |
| U.S. Const. amend. V | |
English Wikisource has original text related to this article:
Abbate v. United States, 359 U.S. 187 (1959), is a decision of the U.S. Supreme Court. The decision held that the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law.